Himachal Pradesh High Court
RSA/262/2020 on 5 August, 2021
Bench: Vivek Singh Thakur
RSA No.262 of 2020 a/w RSA No.602 of 2019
.
RSA No.262 of 2020
05.08.2021 Present: Mr.Romesh Verma, Advocate, for the appellants,
through Video Conferencing.
Ms.Seema K. Guleria, Advocate, for respondents
No.1 to 5, through Video Conferencing.
Respondents No.6 and 7 ex-parte vide order dated
22.09.2020.
RSA No.602 of 2019
Ms.Seema K. Guleria, Advocate, for the appellants,
through Video Conferencing, through Video
Conferencing.
Mr.Romesh Verma, Advocate, for respondents
No.1, 3(a) to 3(e), through Video Conferencing.
Respondent No.2 ex-parte vide order dated
12.07.2021.
RSA No.602 of 2019
Admitted on following substantial questions of law:-
1. Whether the Courts below have misread,
misinterpreted and misconstrued the pleadings,
oral and documentary, available on record,
resulting into perversity?
2. Whether the suit challenging revenue entries
allegedly entered wrongly can be dismissed for
non-joinder of parties for want of impleading
persons entered in earlier revenue record?
3. Whether conferment of proprietary rights in
favour of a person who is not in possession is not
permissible under law?
Actual date notice be issued to respondent No.2.
List for hearing in due course as per Roster on completion.
CMP(M) No.438 of 2020 in COST No.15441 of 2020
in RSA No.602 of 2019
Despite granting opportunity no reply has been
filed.
For the reasons stated in the application, delay in
.
filing the cross-objections is condoned.
Cross-objections be registered.
Application stands disposed of.
Cross Objections No. /2021
(CO/15441/2020) in RSA No.602 of 2019
Admitted on following substantial questions of law:-
1. Whether in absence of registered deed regarding
transfer of title, the suit land cannot be
considered to have been transferred in favour of
r the plaintiffs for admission by the defendants on
the basis of judgment passed by learned
Compensation Officer, Mahasu dated 10.05.1959
as mentioned in Mutation No.147 Ex.DW.1/A?
2. Whether the Courts below have committed a
mistake by determining the dispute in absence
of late Sh.Shiria and his successors-in-interest as
a party, in view of ownership right conferred by
the Compensation Officer, Mahasu through
different orders passed under the provisions of
the H.P. Abolition of Big Landed Estates and
Land Reforms Act?
3. Whether in view of order dated 10.05.1959
passed by the Compensation Officer, Mahasu
and attestation of mutation No.147 dated
20.03.1963, the suit is barred by limitation?
4. Whether in absence of filing appeal against
findings returned by the trial Court in counter
claim filed by the defendants, they are not
entitled to file cross-objections with respect to
claim set up by them in counter claim?
Record stands received.
List for hearing in due course alongwith main
appeal.
CMP No.15570 of 2019 in RSA No.602 of 2019
.
Order dated 30.12.2019 directing the parties to
maintain status quo qua nature and possession of the suit
property is made absolute during pendency of the appeal.
Alteration/vacation/modification on motion.
Application stands disposed of.
CMP No.6553 of 2020 in RSA No.602 of 2019
Reply has not been filed.
opportunity of three weeks is granted to file reply.
rList on 14.09.2021.
One more but last
RSA No.262 of 2020
Admitted on following substantial questions of law:-
1. Whether in absence of registered deed regarding
transfer of title, the suit land cannot be
considered to have been transferred in favour of
the plaintiffs for admission by the defendants on
the basis of judgment passed by learned
Compensation Officer, Mahasu dated 10.05.1959
as mentioned in Mutation No.147 Ex.DW.1/A?
2. Whether the Courts below have committed a
mistake by determining the dispute in absence
of late Sh.Shiria and his successors-in-interest as
a party, in view of ownership right conferred by
the Compensation Officer, Mahasu through
different orders passed under the provisions of
the H.P. Abolition of Big Landed Estates and
Land Reforms Act?
3. Whether in view of order dated 10.05.1959
passed by the Compensation Officer, Mahasu
and attestation of mutation No.147 dated
20.03.1963, the suit is barred by limitation?
4. Whether in absence of filing appeal against
findings returned by the trial Court in counter
claim filed by the defendants, they are not
entitled to file cross-objections with respect to
.
claim set up by them in counter claim?
List for hearing alongwith RSA No.602 of 2019 as
per Roster on completion.
(Vivek Singh Thakur)
Judge
August 5, 2021
(Purohit)
r to
