9911796707
TMI Blog1996 (10) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... from interfering with the possession of the respondents. 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. When the plaintiffs came to know of the same an application for correction was made and the settlement authority after holding a detailed enquiry passed an order for correction and pursuant to the said order necessary correction was made in the register. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 4. The learned Counsel appearing for the appellant contends that the very order of the Settlement Officer directing correction of the entry in record of right is not there on record and at any rate on the basis of the said order plaintiffs' title to the disputed land could not have been declared as an entry in the settlement papers does not create or extinguish title and at the most has a presumptive value that on the date when entry was made the person concerned was in possession of the land. It is accordingly contended that the courts below comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Settlement Officer directing necessary correction to be made in favour of the plaintiffs, it is not possible to visualize on what basis the aforesaid direction had been made. But at any rate such an entry in the Revenue papers by no stretch of imagination can form the basis for declaration of title in favour of the plaintiffs. To our query as to whether there is any other document on the basis of which the plaintiffs can claim title over the disputed land, the learned Counsel for the plaintiffs-respondents could not point out any other document apart from the alleged correction made in the register pursuant to the order of the Assistant Settlement Officer. In our considered opinion, the courts below committed serious error of law in declari ..... X X X X Extracts X X X X X X X X Extracts X X X X
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