IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA. RSA No. 186 of 1998. Reservered on: 1.1.2010. Decided on: 7.1.2010. Ram Dittu. …Appellant. versus State of H.P. and others. …Respondent. Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting? No. For the Appellant : Mr. Rajiv Jiwan, Advocate. For the Respondent : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Rajinder Singh Dogra, Addl. Advocate General. Rajiv Sharma, Judge. This Regular Second Appeal is directed against the judgment and decree passed by the learned District Judge, Bilaspur in Civil Appeal No 130 of 1988 dated 7.2.1998. Material facts necessary for adjudication of this appeal are that the appellant (hereinafter referred to as the plaintiff) for convenience sake has filed a suit for declaration to the effect that he is owner in possession of the suit land comprised in Khasra No.399 measuring 19.5 Bighas situated in village Rohin (Dohre), Pargana Sariun, Tehsil Ghumarwin, District Bilaspur, H.P. by way Whether reporters of the local papers may be allowed to see the judgment? No. of adverse possession and the ejectment order passed by the Assistant Collector IInd Grade, Ghumarwin on 24.9.1976 is illegal. He has also alleged that the land in question is coming in his possession since the time of his grand father as encroacher and the possession was 120 years old. The suit was contested by the respondent-defendant (hereinafter referred to as the defendant) for convenience sake. The defendant has denied the possession of the plaintiff over the suit land. According to the defendant, the plaintiff has got himself incorporated as non-occupancy tenant in the revenue record in connivance with the consolidation staff but entries were subsequently rectified in the year 1965 by the order of the Financial Commissioner, Himachal Pradesh. The plaintiff filed the replication to the written statement filed by the defendant. The learned Sub Judge Ist Class, Ghumarwin decreed the suit on 21.5.1988. The defendant preferred an appeal before the learned District Judge, Bilaspur. The learned District Judge allowed the appeal on 7.2.1998 and the judgment and decree passed by the learned Sub Judge Ist Class, Ghumarwin were set aside. This Regular Second Appeal is directed against the judgment and decree dated 7.2.1998. It was admitted on the following substantial question of law: “Whether the first Appellate Court has correctly read and inferred revenue record Ex.D-1 to Ex.D-15 to come to the conclusion that the appellant has failed to prove the ingredients of adverse possession, as claimed by him.” Mr. Rajiv Jiwan, learned counsel for the appellant supported the judgment and decree passed by the learned Sub Judge. According to him, the learned First Appellate Court has mis-construed the oral and documentary evidence. According to him, the plaintiff has proved his title by way of adverse possession. Mr. R.K. Sharma, learned Senior Additional Advocate General has supported the judgment and decree passed by the learned First Appellate Court. According to him, the plaintiff has failed to prove the basic ingredients of adverse possession. I have heard the learned counsel for the parties and gone through the pleadings and record carefully. The plaintiff has produced three witnesses. He has appeared as PW-1. He has deposed that he is in possession of the suit land since 1935 after the death of his father and before this, his father was in possession of the suit land. He further deposed that possession of the suit land is without any interruption and the same is continuous. PW-2 Jugar and PW-3 Ram Singh have deposed that the plaintiff is in possession of the suit land continuously for more than 40-42 years. The plaintiff has tendered in evidence documents Exs.P-1 to P-8. The defendant has not produced any witness. However, Exs. D-1 to D-16 were tendered. In Ex.P-1 i.e. Jamabandi for the year 1957-58, the suit land has been shown in the ownership of the State and in the column of possession, the plaintiff has been shown in possession of the suit land in the capacity of non-occupancy tenant and in the column of rent, he has been shown without any rent in lieu of encroachment. The same entry has been shown in the copy of Missal Haquiat Ex.P-2. In Ex.P-3 i.e. copy of Jamabandi for the year 1980-81, the suit land has been shown in the ownership of the State of Himachal Pradesh and in the column of possession, it has been shown as Charand Jungle Dihati. In Ex.P-6 i.e. copy of Missal Haquiat Bandobast, the entries of Jamabandi Ex.P-1 and Missal Haquiat Istamal are reiterated. In Missal Haquiat Bandobast Ex.D-1, the land has been shown in the ownership of Shri Raja Sahib Bahadar. In the column of possession, it has been shown as Charand Jungle Dihati. In Ex.D-2 i.e. copy of Jamabandi for the year 1937-38, the same entries are reiterated. These entries have been further reiterated in Ex.D-3 i.e. copy of Jamabandi for the year 1941-42, copy of Jamabandi for the year 1946-47 Ex. D-4, copy of Jamabandi for the year 1949-50 Ex.D-5. In these revenue entries, the nature of the suit land has been shown as Charand Jungle Dihati and in the column of ownership the State has been shown as owner. These entries have been further reiterated in Ex.D-6. Ex.D-8 is the order vide which the earlier suit, the copy of which is Ex.D-9 and the copy of written statement Ex.D-10, was allowed to be withdrawn by the plaintiff to file a fresh suit on the same cause of action on 24.8.1985. Ex.D-11 is the report of the Field Agency to the Assistant Collector IInd Grade, Ghumarwin in the encroachment proceedings initiated against the plaintiff in the year 1976. Ex.D-12 is the order of ejectment passed by the Assistant Collector IInd Grade, Ghumarwin. Ex.D-13 is the reply of the notice by the plaintiff filed before the Assistant Collector IInd Grade, Ghumarwin in the ejectment proceedings dated 15.10.1975. Ex.D-16 is the copy of the interim order passed by the learned Sub Judge, Ghumarwin in the earlier suit. What emerges from the revenue records i.e. Missal Haquiat Bandobast i.e. Exs.D-1 to D-6 is that the nature of the suit land has been shown as Jungle Charand Dihati and in the column of ownership, the State has been shown as owner. It is only in the year 1957-58, in the column of possession, the name of the plaintiff was shown. The plaintiff has not explained how this entry has been incorporated in the year 1957-58 in Ex.P-1. The entries were again altered in favour of the defendant-State. The encroachment proceedings were also initiated against the plaintiff. The order of ejectment was passed by the Assistant Collector IInd Grade, Ghumarwin though the same was set aside by the Appellate Court. In reply to the show cause notice issued against him i.e. D-13, he has claimed the possession of the suit land only for the last 40 years. PWs No.2 and 3 have also deposed that the possession of the plaintiff on the suit land was for the last 40 years only. The plaintiff has earlier filed the suit for declaration that he is a non-occupancy tenant on the suit land for the last 120 years. The suit was withdrawn on 24.8.1985. The plaintiff has changed his stand when he filed the present suit. Now he is claiming ownership of the suit land by way of adverse possession and plea of tenancy has been given up. The plaintiff has to prove since when he was in possession of the suit land. In the present case he has failed to do so. The only revenue entry in his favour is in the year 1957-58. The present suit has been filed on 17.12.1985 and the statutory period of 30 years was to be completed during 1987-88. The plaintiff has failed to prove that his possession was continuous, peaceful and uninterrupted for more than 30 years. It has come on the record that encroachment proceedings were initiated against him in the year 1976. The ejectment order was passed on 21.12.1977. Accordingly, in view of the observations made hereinabove, the First Appellate Court has correctly appreciated Exs. D-1 to D-15 while rejecting the plea raised by the plaintiff. Consequently, there is no merit in the appeal and the same is dismissed. 7th January, 2010. (Rajiv Sharma), J. (tr)