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2023 Supreme(HP) 171

RAKESH KAINTHLA
Subhash Chander Mahendra deceased through LRs. – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Mr. Y.P.Sood, Advocate.
For the Respondent:Mr. Navlesh Verma, Additional Advocate General & Mr. R.P. Singh and Mr.Prashant Sen, Deputy Advocates General.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment and decree dated 30.07.2022, passed by learned Additional District Judge (II), Shimla, District Shimla H.P. vide which, the appeal filed by the present appellant (plaintiff before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a Civil Suit before the learned Trial Court for seeking a declaration that he is owner in possession of the suit land mentioned in para 1 of the plaint, order dated 25.07.2006 passed by the learned Financial Commissioner (Appeals) Himachal Pradesh in Revision Petition No. 163/2002, Divisional Commissioner, Shimla, in Appeal No. 64/2001 and the Settlement Officer, Shimla in case No. 58/98, dated 03.05.2000 are illegal, wrong and contrary to the provisions of H.P. Land Revenue Act. The revenue entries regarding Khasra Nos. 27, 29, 30 and 32 corrected by the Revenue Authorities based on the orders are illegal, wrong and not binding on the right, title and interest of the

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