The trial companyrt decreed the suit of the appellant as against all the respondents including the claim for mesne profits.
Anil Kumar Gupta, S. C. Agrawal, R. K. Garg, D. P. Singh and K. Ramamurthy, for the respondents.
The Judgment of the Court was delivered by MUDHOLKAR, J. In this appeal by special leave against the judgment of the Judicial Commissioner, Himachal Pradesh in second appeal two points have been urged on behalf of the appellant.
Appeal by special leave from the judgment and decree dated October 31, 1957, of the Judicial Commissioners Court of Himachal Pradesh at Simla in Civil Regular Second Appeal No.
The appellant who was plaintiff in the suit was the former ruler of the State of Bhagat, one of the Simla Hill states.
500/ for a period of one year from October, 1950.
According to the appellant the respondents failed to hand over the annual produce from the fields in suit to him and, therefore, he leased out the lands at Rs.
that they were cultivating these lands jointly and severally and that the suit was number companynizable by a civil companyrt.
They therefore preferred second appeal to the Court of Judicial Commissioner.
The State of Bhagat and several other Simla Hill States were merged in Himachal Pradesh on July 1, 1947.
Bulk of these lands were declared to be the State property as a result of the merger and presumably the respondents have number to pay full assessment or rent with respect to them.
70, 80, 81, 167, 263/170, 171, 172, 173 and 2691177 measuring in all 15 bighas and 19 biswas, among other property, were declared to be the private property of the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
As a companysequence of the merger the ruler surrendered his sovereignty to the new States.
The companysideration for the arrangement was a remission in rent and land revenue which the appellant had granted to the respondents with respect to certain other lands which were leased out by him to the respondents.
500/ per annum to Chuku Koli for Rs.
Achhru Ram and Naunit Lal, for the appellant.
They also companytended that had filed a suit against the appellant in the companyrt of the Assistant Collector, First Grade, Solon for a declaration to the effect that they are in possession of the lands as occupation tenants and that, therefore, the appellants suit should be stayed.
Khasra Nos.
382 of 1960.
8, of 1957.
