MAHARANI RAM SUNDARI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This second appeal has been filed by Maharani Kamsandari of Dharbhanga, resident of Village Chharabra, Tehsil Kasumpti, Mahasu District, Himachal Pradesh under Section 104 read with section 12 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (Act No. 15 of 1954), against the order of the District Judge, Mahasu, dated, September 3, 1968, whereby he couarmed the order of the Compensation Officer, Mahasu District, dated December 28, 1967, refusing the grant of proprietary rights to the appellant herein in respect of the suit land.

(2.) The appellant herein filed an application before the Compensation Officer under Section 11 of the aforesaid Act (hereinafter referred to as the Act) for grant of proprietary rights to her inrespect of the suit land comprising Khata Khatauni No. 11/16. Khasra No. 10 to 19, measuring 32 Bighasand 7 Biswas,and situated in Village Chharabra, Tehsil Kasumpti, District Mahasu, claimed to be under her tenancy and belonging to the State at Himachal Pradesh The respondent to the application was the State of Himachal Pradesh. A notice was served on the State of Himachal Pradesh through the Collector, Mahasu District, and the Sadar Kanuago of the Officer of the Collector, Mahasu District, filed objections on behalf of the State of Himachal Pradesh,

(3.) The Compensation Officer framed the following issues which reflect the respective contentions of the parties : -