KAHNU Vs. HIRDA RAM

JUDGEMENT

(1.) This Second Appeal was filed against the judgment and order of the learned District Judge, Mandi and Chamba Districts, at Mandi, Himachal Pradesh, dated 31st October, 1966, in Civil Miscellaneons Appeal No. 282 of 1965 on his file, whereby he allowed the appeal partly and modified the order of the learned Compensation Officer, Sarkaghat, dated 4th September, 1965.

(2.) The appellant herein, Kahnu, filed an application before the Compensation Officer, Sarkaghat, District Mandi, Himachal Pradesh, under Section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, for the grant of proprietary rights in respect of Kitat 69 area measuring 108 Bighas and 10 Biswas comprised in Khewat Khatauni 18 min/55 min 58 in village Chanauta alleging that he was the cultivating tenant of the aforesaid land and was paying rent for the same to the landlords. The said land was owned by two persons, mst. Maghi and Hari Singh, each having a half share therein. Mst. Maghi died sometime before the filing of the application, and the exact date of her death is not available in the record. On her death her share was inherited by Hirda Ram, the respondent herein and mutation took place in his name. Hirda Ram and Hari Singh were impleaded as respondents in the aforesaid application filed by Kahnu. Hari Singh admitted the claim of the applicant (appellant herein) and remained ex parte. Hirda Ram (respondent herein) opposed the application and pleaded that the applicant was not his tenant, that he never gave his land to him, and that he himself was cultivating his own share.

(3.) On the said pleadings, the learned Compensation Officer framed the following issues :-