(1.) This miscellaneous second appeal is directed against the judgment dated August 17. 1968 of the District Judge, Mandi, who set aside the order of the Compensation Officer granting the proprietary rights in the land indispute to the appellant alone and instead granted the same to the appellant and the respondent in equal shares.
(2.) . The land in dispute previously belonged to Shri Rajkumar Ashokpal Singh. It came to be vested in the Government under section 27(i)of the Himachal Pradesh.abolition of Big Landed Estates and Land Reforms Act (hereinafter to as the Act). In proceedings for tranferring the right, title and interest of the landowner to the cultivating tenants, the Compensation Officer up held ther right of Mani, the appellant alone.
(3.) . In the revenue records the names of Reshmu widow of Mahesh war. Devka widow of Roda and Mani son of Ditta, were recorded as the cultivating tenants, all the three in equal shares. On the death of Reshma her daughter Hima had no share in the said cultivating rights. The same, therefore, came to be .enjoyed by Mini, the appellant, and Devku, the respondents, in equal shares. On March 8, 1967, a Joint statement of Mani, the appellant, Devku,the respondent and Hima daughter of Reshmu deceased was recorded by the Compensation Officer wherein they stated that the area was under their cultivation and that the proprietary rights be granted in their favour and further that they were prepared to pay the compensation. The Compensation Officer by his order dated October 2), 1967 granted the proprietary rights in favour of Mani, the appellant, alone.