UNION OF INDIA Vs. DINESH KUMAR

JUDGEMENT

(1.) The following two questions regarding the scope and construction of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, have been referred to Full Bench :

(2.) The answer to both the questions depends on the true interpretation of section 27 of the said Act, and practically the entire statute was read before us at the Bar, and the various provisions referred to by the learned counsel as shedding light on the interpretation of the said section 27. It is, therefore, necessary to read section 27.

(3.) Sub-section (1) of section 11 of the said Act confers right on the tenant accept in certain specified cases, to acquire interests of the landowner in the land held by him as tenant. Sub-section(2) exempts certain landlords from the application of sub-section (1). Under sub-section (5) of section II, the Compensation Officer has been obliged to grant a certificate declaring the tenant to be the landowner in respect of the lands specified therein as soon as the compensation payable by the tenant to the landowner or the first instalment thereof has been deposited in the Government treasuy. Sub-section (6) of section 11 provides that on and from the date of the grant of the certificate under subsection (5) the tenant shall become the owner of the land comprised in the tenancy and the right, title and interest of the landowner in the said land shall determine. Section 12 prescribes the mode of determination of compensation payable by the tenant to the landowner and provides for appeals against the order of the Compensation Officer determining compensation. Section 14 entitles the tenant to acquire the rights of the landowner, in a portion of the lands held by him as a tenant, in certain circumstance. Section 15 deals with the acquisition by the State Government of the rights of the landowner and reads-