MALAGAR Vs. SHIV RAM

JUDGEMENT

(1.) 0n April 16, 1959, the appellants filed an application under section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (Act No.15 of 1954) for acquisition on payment of compensation of the right, title and interest of the land owners in the land of the tenancy alleged to be held by them under the land owner. This application was filed before the C. O. Bilaspur, who, by his order dated December 30, 1961, held the appellants to be tenants and granted them proprietory rights in the land in dispute.

(2.) On appeal, the learned District Judge, by his order dated August 18, 1965, held that the appellants being co-sharers with the respondents could not be tenants of the land in question and, therefore, he allowed the appeal.

(3.) The short facts of the case are that the parties to this litigation are the co-owners of the land in question and this land belongs to the extent of 3/80 shares to the appellants and to the extent of 77/80 shares to the respondents. The case of the appellants was that right fiom1943- 44 on wards they have been shown in the Jamabandis for various years (vide Exhibits P.A., P. B., P. C. and P. D.) as tenants in respect of 77/ 80 shares belonging to the respondents. Entry in column 5 of Exhibits P. B. describes the appellants as co-owners to the extent of 3/80 shares and as Ghair Maurusi with respect to 77/80 sharers. It also states that a total rent of Rs. 120.00 per annum is the rate of rent for the land in question including the share of the appellants.