IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/ S) No. 573 of 2007

Smt. Hema Devi … Petitioner

Versus

State of Uttaranchal & Others … Respondents

Mr. B.D. Pande, Advocate, for the petitioner.

Mr. Yogesh Chandra Tiwari, Standing Counsel, for the State.

Mr. Jitendra Chaudhary, Advocate for the respondent no. 3 to 6.

J U D G M E N T In Suit No. 22/55, filed by Narayan Singh, petitioner was added as defendant no. 7; since Bhawani Dutt, original tenure holder, passed away before filing of suit by Narayan Singh, therefore, his legal representatives were added as defendants in the said suit. Petitioner filed counter-claim in the suit filed by Narayan Singh claiming bhumidhari right over the land belonging to Bhawani Dutt, by contending that it is she, and not Narayan Singh, who perfected title by adverse possession. Both suits were dismissed by learned Trial Court (Assistant Collector, 1^st Class), vide common judgment dated 28.6.1993.

Hon’ble Manoj Kumar Tiwari, J.

This writ petition, filed under Article 227 of

the Constitution, is directed against the judgment dated 28.6.1993, rendered by Assistant Collector, 1^st Class, Haldwani in Suit No. 22/94 of 1986-87 (renumbered as Suit No. 2