AMBA DUTT Vs. HIRA

JUDGEMENT

(1.) This second appeal under Section 104 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1954 (Act No. 15 of 1954), hereinafter referred to as the Act, by Amba Datt and his two brothers is directed against the order of learned District Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Districts, modifying on appeal the order of Compensation Officer, Sirmur. As a result of the appeal, proprietary rights in the land in dispute except the non-fruit trees have been vested in Hira respondent on payment of Rs. 503.25 Paise as compensation for the land, Rs. 406.00 as compensation for the cow-sheds and Rs. 302.00 as compensation for the fruit trees.

(2.) The brief facts of the case are that Hira, who was occupying the land in dispute measuring 21 Bighas 18 Biswas as tenant under Amba Datt and his two brothers, filed an application under section 11 of the Act for acquisition of the proprietary rights in that land.

(3.) The application was resisted by Amba Datt and his two brothers. The Compensation Officer framed the following issues in the case:-