JUDGMENT

Vivek Singh Thakur, J. - Plaintiff (appellant herein) has approached this Court against concurrent findings of Courts below whereby suit as well as appeal filed by him have been dismissed by trial Court and first Appellate Court.

2. The plaintiff has filed a suit for declaration that he along with proforma-defendants (respondents No. 2 and 3 herein) is owner of land comprised in Khasra No. 1403/323/419 min (old) and Khasra No. 1403/323/419 min (old) denoted by new khasra Nos. 1779 and 1780 situated in village and mauja Nirath, Tehsil Rampur Bushehr, District Shimla with consequential relief of permanent injunction restraining the defendant State of HP from interfering in possession of plaintiff and proforma-defendants in any manner. Plaintiff has set up a claim that predecessors-in-interest of plaintiff and proforma-defendants were in possession of suit land, which is now in possession of plaintiff and proforma-defendants, as non-occupancy tenants under the owner Devta Surya Narayan, Temple Surya Narayan Nirath and on enactment of H.P. Ceiling on Land Holdings Act, 1972 (hereinafter referred as Ceiling Act) ownership of land was vested from Devta Surya Narayan to State of HP