The learned Single Judge of the High Court by the impugned judgment dismissed the second appeal solely relying upon the order of the Assistant Settlement Officer and hence the present appeal.
When the plaintiffs came to know of the same an application for companyrection was made and the settlement authority after holding a detailed enquiry passed an order for companyrection and pursuant to the said order necessary companyrection was made in the register.
With this companyclusion, the judgment and decree of the Trial Court having been companyfirmed and the appeal of the State having been dismissed, the matter has been carried to the High Court in second appeal.
Theog, Distt.
The plaintiffs, therefore, filed an application under Section 37 of the Himachal Pradesh Land Revenue Act but the Assistant Collector deciding the matter directed that the matter should be referred to the Civil Court and hence the plaintiffs filed the suit for relief as already stated.
The State companytested the suit denying the allegations made in the plaint.
It was also averred in the written statement that the land in question was initially recorded in the name of Raja Sahib of Keonthal and after intermediary interest stood abolished the State became the owner of the land.
It was alleged in the plaint that the disputed land stood recorded in the settlement papers in the year 1950 in the name of the State as the owner.
122/86, The respondents filed the suit for a declaration that they are the owners in possession of the land companyprised in Khasra No.
In the Revenue papers State was recorded as the owner.
Shimla, however, relying upon the order passed by the Assistant Settlement Officer came to hold that plaintiffs are the owners in possession of the land in dispute and hence decreed the suit.
The State carried the matter in appeal and the lower Appellate Court came to the companyclusion that the entry in the Revenue register for the year 1949 50 showing the State to be the owner was an error and the Trial Court rightly held the plaintiffs to be owners in possession of the disputed land.
PATTANAIK, J. Leave granted.
State of Himachal Pradesh has preferred this appeal against the judgment of the High Court of Himachal Pradesh dated 4.5.1994 in R.S.A. No.
153/1 measuring 30 bighas and 18 biswas situated in Chak Dakana and for restraining the appellant from interfering with the possession of the respondents.
