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Showing contexts for: khewat in Shri Inder Singh & Others vs State Of H.P. And Others on 17 December, 2018Matching Fragments
The plaintiffs instituted a suit for declaration for setting aside the revenue entries recorded, vis-a-vis, the suit khasra number(s), (i) wherethrough, in substitution, of the earlier therewith consistent entries borne therein, reflecting the suit property, as Shamlat Hasab Rasab Khewat, and, theirs being shown in the column of possession, as, Mukbuja Malkan, (ii) rather the State of Himachal Pradesh, under, a .
mutation recorded in the year 1975, bearing No.353, stand reflected, as "Mustarka Sarkar Daulat Mandaar Va Jamindaran Shamlat Deh Hasab Rasab Khewat", (iii) and, thereafter consistent therewith entries are recorded in the revenue records, and, in respect whereof also rendition, of, a declaratory decree, for, theirs being set aside is r also claimed.
2. A perusal of the plaint, reveals, qua specific averments appertaining, vis-a-vis, the afore espousal, hence, being averred in paragraph No.5 of the plaint, para whereof stands extracted hereinafter:-
"5. That the revenue entries in the column of ownership of the jamabandi continued to be shown as "Mustarka Sarkar Daulat Mandaar Vs Jamindaran Shamlat Deh Hasab Rasab Khewat" in the revenue records. The mutation No.353 dated 26.9.1975 has been sanctioned for Mauza Pain Kuffar whereby land comprised in Khata No.69, Khatauni NO. 115 to 133, i.e. Khasra Kitta 71, the land which is earlier recorded as Shamlat deh hasab rasad khewat has been mutated in favour of Stat eof H.P. and there is reference of some order passed by Collector, Sub Division Rajgarh, Numbered as 1460/SDOC/R/75 dated 23.8.1975 in the said mutation. The said order and the mutation both have been passed behind the back of the plaintiffs or their predecessor-in-interest or the .
Nowat, the reflections, in the apposite order, hence, attesting mutation, of, vestment, of the suit land, in the State .
concerned, (ix) suit land whereof, rather carries the classification of "Shamlat deh Hasab Rasab Khewat", reiteratedly renders the aforesaid factum, as, clearly borne, in the order attesting the relevant mutation, to, hence thereupon rather acquire conclusivity, (x) thereupon, the evident mantle, donned by the suit land, vis-a-vis, it being "Shamlat deh Hasab Rasab Khewat", is both obviously, and, openly, prima facie acquiesced by the respondents/State, also, hence the factum probandum, of the suit land, earlier depicted, in the jamabandis appertaining to the years 1949, 1952-53, 1956-57, 1960-61, to bear the character, of "Shamlat deh Hasab Rasab Khewat", rather also prima facie acquires corroborative vigour, as also, conclusivity. The order or mutation No.353, in pursuance whereof, also jamabandis, were, prepared subsequent thereto, hence, also carry reflections in compatibility thereof, and, in pursuance whereof, the vestment of the suit land, occurred, in the State, despite, reiteratedly it evidently, bearing, the statutory exclusionary classification, of "Shamlat deh Hasab Rasab Khewat", (xi) rather is neither at par, nor is construable to be any piece, of a valid legislation, whereunder, rather would occur, any apposite valid supplantation or amendment, vis-a-