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2010 Supreme(HP) 536

KULDIP SINGH
PARAS RAM – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates appeared:
For the Appellants:Mr. K.D. Sood, Advocate with Mr. Balwant Singh, Advocate. For the Respondent:Mr. P.M. Negi, Deputy Advocate General.

JUDGMENT

Kuldip Singh, J-The appellants were plaintiffs and have come in second appeal against judgment, decree dated 7.9.1998 passed by learned District Judge, Hamirpur in Civil Appeal No.06 of 1998, partly allowing the appeal against judgment, decree dated 17.10.1997 passed by learned Sub Judge Ist Class, (1) Hamirpur in C.S. No.332 of 1994(RBT).

2. The appellants had filed a suit for permanent prohibitory injunction against respondent regarding land more specifically detailed in plaint on the grounds that land measuring 24 kanals 9 marlas out of suit land was granted as nautor to Jai Ram predecessor-in-interest of Paras Ram by Deputy Commissioner, Kangra in the year 1928. The suit land had never vested in the State Government either in the name of Gram Panchayat under Punjab Village Common Lands (Regulation) Act, 1961 (for short Punjab Act) nor under the Himachal Pradesh Village Common Lands (Vesting and Utilization) Act, 1974 (for short Himachal Act). It has been alleged that the suit land is in possession of the appellants but the revenue entries showing the name of respondent are wrong. In alternative, it is also the case of the appellants that even if, it is assumed that th















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