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CASE NO.: Appeal (civil)  1304 of 2002

PETITIONER: Bhagat (D) by L.Rs

RESPONDENT: Sher Singh (D) by L.Rs

DATE OF JUDGMENT: 08/04/2008

BENCH: Dr. Arijit Pasayat & P. Sathasivam

JUDGMENT: JUDGMENT NON-REPORTABLE

CIVIL APPEAL NO.  1304   OF 2002

P. Sathasivam, J.

1)      This appeal is directed against the judgment and final  order dated 12.08.1999 of the High Court of Himachal Pradesh  at Shimla in R.S.A. No. 267 of 1993 whereby the High Court  modified the decree and judgment dated 1.05.1993 passed by  the District Judge, Kangra at Dharamshala.   2)      The facts which are necessary for the disposal of this  appeal are as under: The dispute between the parties is in respect of land  comprising of Khasra Nos. 404, 415 and 465 measuring  1.10.73 Hectares in Mohal and Mauza Bhatehad, Tehsil  Dharamshala, District Kangra.  On 19.7.1990, the original  plaintiff, predecessors of respondents herein filed a suit for  declaration that the entries  with regard to Khasra Nos. 404,  415 and 465 made in the revenue record are not correct as  wrongly shown the defendants/appellants herein in the  column of owners and prayed for possession in alternative.   The defendants/appellants filed written statement and  opposed the suit on the ground that civil court has no  jurisdiction to adjudicate any question with regard to  conferment of proprietary right in respect of the land in  dispute, that the suit is barred by limitation, and that the  defendants are in possession for the last 60-70 years and  earlier his predecessor-in-interest were in possession of the  suit land.  By judgment and decree dated 29.02.1992, the suit  was dismissed being barred by limitation.   Challenging the  same, the plaintiff/respondents filed C.A. No.61 of 1992 on the  file of the District Judge, Kangra at Dharamshala.  The  District Judge, by order dated 01.05.1993, dismissed the  appeal with some modification passed by the trial Court.   Aggrieved by the said order, the respondents filed R.S.A. No.  267 of 1993 before the High Court of Himachal Pradesh.  The  High Court by the impugned order partly allowed the appeal  holding that the plaintiffs are in possession in part of the land  comprising Khasra Nos. 415 and 465 and dismissed the  appeal as well as the suit so far as Khasra No. 404 is  concerned.  Against the said order, the appellants have filed  this appeal by way of special leave. 3)      Heard Mr. Dhruv Mehta, learned counsel for the  appellants and Mr. Himinder Lal, learned counsel for the  respondents. 4)      The subject-matter of the dispute relates to Khasra Nos.

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404, 415 and 465.  Based on the oral and documentary  evidence, more specifically revenue records produced before  the trial Court, it has come to the conclusion that Khasra No.  404 has been in possession of the original defendant and  Khasra Nos. 415 and 465 have been in possession of the  original plaintiff.  The High Court, based on the finding of fact  arrived at by the trial Court, that the original plaintiff was not  in possession of Khasra No. 404 and had no knowledge about  the revenue entries, dismissed his suit insofar as Khasra No.  404 is concerned.  On the other hand, the other two Khasra  Nos. 415 and 465 are concerned, the High Court after noting  that the original plaintiff has been in possession and cause of  action accrued to him when the original defendant extended  threat of dispossession, which is within the limitation, allowed  the second appeal in part.  Inasmuch as the High Court  arrived at such a conclusion based on the factual finding of  the trial Court which, in turn, relied on the oral and  documentary evidence as well as entries in the revenue  records, which being the position, in the absence of any other  material, we do not find any justifiable ground to interfere with  the conclusion of the High Court. 5)      In the light of the above conclusion, the appeal fails and  the same is dismissed.  However, there shall be no order as to  costs.