Point of Law : For not approaching Court with clean hands and by not disclosing complete facts with respect to previous litigation(s), petitioner is not entitled for any relief.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner herein is plaintiff in Civil Suit No. 90 of 2020 titled Banto Devi vs. State of HP, pending adjudication before Civil Judge, Hamirpur, District Hamirpur wherein application bearing CMA No. 187 of 2020 under Order 39 Rules 1 and 2 CPC filed for interim injunction by plaintiff has been dismissed vide order dated 4.1.2021, and appeal preferred against the said dismissal order has also been dismissed by Additional District Judge, Hamirpur vide order dated 31.8.2021 and, therefore, petitioner has approached this Court by filing present petition.

2. Petitioner has preferred a suit for declaration claiming her title of ownership in possession of suit land owned by State, by afflux of time of more than 35 years, on the ground of adverse possession along with consequential relief of permanent prohibitory injunction restraining the respondents from dispossessing the plaintiff forcibly from suit land. To substantiate her claim, petitioner has placed reliance upon various jamabandies since 1973-74 till filing of suit, wherein till 2010-11 Chandu son of Kirpa has been shown in possession of suit land under ownership of State of HP of certain land including 00-06 biswas Gair Mumkin Abadi and in jamabandi for the year 2016-17, petitioner Banto Devi adopted daughter of Chandu son of Kirpa has been shown in possession of suit land under ownership of State of HP.

3. Suit was filed on 7.7.2020 and as per record, application under Order 39 Rules 1 and 2 CPC was instituted on 21.7.2020.

4. Respondents have taken the defence that petitioner has not approached the Court with clean hands as she has not disclosed anything about previous litigation wherein in Civil Suit No. 22 of 1983 titled as Chandu vs. Rajender and State of HP, filed by Chandu for declaration and consequential relief with respect to certain land, including the suit land in present suit, was dismissed by Senior Civil Judge vide judgment and decree dated 18.9.1986 and Civil Appeal No. 209 of 1986 preferred by Chandu was also dismissed on 8.5.1991. It has been further stated that petitioner has also concealed the fact of another suit filed by Chandu through GPA Banto Devi (petitioner) who continued the suit after death of Chandu being his legal representative i.e. Civil suit No. 75 of 2006 titled Chandu (deceased) through his LRs/General Power of Attorney Smt. Banto Devi vs. State of HP and others, wherein suit for permanent prohibitory injunction was partly decreed in favour of plaintiff by restraining the defendants by permanent prohibitory injunction from dispossessing the plaintiff forcibly from suit land except in due course of law. It has also been claimed on behalf of respondents that on 27.7.2020, proceedings were initiated against petitioner under H.P. Public Premises and Land (Eviction and Rent Recovery) Act 1971 (in short ‘PP Act’) for removing her unauthorized occupation being Case No. 7 of 2020 titled State of HP vs. Banto Devi which was decided on 30.7.2020 whereby Collector, Sub Division Bhoranj had ordered the eviction of petitioner and she was directed to vacate premises at earliest but by 31.7.2020, 1 PM failing which direction was given to remove the encroachment by Revenue Officials.

5. It has been further stated on behalf of respondent/State that in furtherance to aforesaid order of Sub Divisional Collector, on 31.7.2020, at 2 PM Tehsildar Bhoranj with the help of police party and Public Works Department, in presence of witnesses, had removed the structure raised on spot by petitioner during nights of Saturday and Sunday i.e. 25.7.2020 and 26.7.2020. According to State, the proceedings were initiated on the basis of complaint of Pradhan Vyapar Mandal, Bhoranj received by Collector on 27.7.2020. It has also been contended on behalf of State that in furtherance to order dated 17.8.2020 passed by Sub Divisional Collector, Bhoranj in case No. 20 of 2020 titled State through Pradhan Vyapar Mandal Bhoranj vs. Banto Devi correction i