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2007 Supreme(HP) 215

SURJIT SINGH
JAGDISHWARI DEVI – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Mr. K.D. Sood, Advocate for the Appellant. Mr. V.K. Verma, Additional Advocate General for the Respondent.

JUDGEMENT

Surjit Singh, J (Oral):- Appellants predecessor, Beli Ram, hereinafter referred io as plaintiff or deceased plaintiff, filed a suit for declaration that he had acquired title to land measuring 0-11-64 hectares, bearing Khasra Nos. 264, 262, 263 and 263/1 , situate in Moha! Sunehar, Mouza Kohala, Tehsi! Kangra, as per entries in the jamabandi for the year 1978-79, on account of the respondent-defendants (State of H.P.) failure to get the mortgage in respect of the said land redeemed within the time prescribed by law for the purpose. It was alleged that the suit land had been mortgaged to late Shri Ranjha Ram, the father of the deceased plaintiff Beli Ram, in the year 1901-02. The mortgage was alleged to be with possession. It was stated that the suit land was initially Shamlat land and it vested in the Panchayat under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961, hereinafter referred to as the Punjab Act, and that after the coming into force of the Himachal Pradesh Village Common Lands (Vesting and Utilization) Act, 1974, hereinafter referred to as the Himachal Act the land vested in the State of Himachal Pradesh. However, the plaintiff continue














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