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2021 Supreme(HP) 905

SURESHWAR THAKUR
Ram Rattan, Son of Sh. Sewak Ram – Appellant
Versus
State of Himachal Pradesh through the District Collector – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Romesh Verma, Advocate
For the Respondent: Mr. Hemant Vaid, Addl. A.G With Mr. Vikrant Chandel, and Mr. Gaurav Sharma, Dy. A.Gs

JUDGMENT :

The state of Himachal Pradesh/respondent herein, initiated ejectment proceedings, under Section 163 of Land Revenue Act against one Ram Rattan/appellant herein, alleging therein that the afore Ram Rattan had made encroachment over government land, to the extent of 6 biswa of land comprised in khata/khatauni 10 min/15 khasra No. 42 situated in village Sona Khurad, Tehsil Kandaghat (for short “suit land”), and, that hence the afore Ram Rattan be evicted. However, during the pendency of the afore proceedings, before the Revenue Officer concerned, Ram Rattan claimed acquisition of title over the suit land, on the basis of adverse possession. He also claimed that reflections in the apposite column of the Jamabandi appertaining to the suit land qua the State of Himachal Pradesh being owner of the suit land, rather being erroneous. The Revenue Court concerned hence converted itself into a Civil Court, and, thereupon, Ram rattan, instituted a suit before it, claiming therein, that he has acquired valid title over the suit land through adverse possession.

2. The Assistant Collector, 1st Grade (functioning as Civil Court u/s 163(3) of H.P land Revenue Act) (for short A.C 1st Grade)

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