State Of Himachal Pradesh vs Chander Dev And Ors.

The High Court upheld the plaintiff's proprietary rights over the suit land under Section 104(3) of the Himachal Pradesh Tenancy Land Reforms Act, 1972, rejecting the State's argument that an amendment in 1987 had retrospective effect. The Court held that the amendment did not expressly provide for retrospective application, thus preserving the plaintiff's rights acquired at the commencement of the Act. The High Court's dismissal of the State's second appeal was affirmed, emphasizing that no substantial question of law was raised as required under Section 100 of the Code of Civil Procedure, 1908.