BAMU Vs. BALANDANSI

JUDGEMENT

(1.) The provisions of Section 27 sub-section (4) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 which will hereinafter be referred to as the Act come in for considera ion in this case. The question which arised is as to which of the parties is to be treated as "tenant" entitled to the transfer of the land in question in terms of the said sub-Section (4). It would be useful if Section 27 of the Act is reproduced in its entirety. The said provision is as under :-

(2.) A reference to Sub-Section (4), reproduced above shows that a person to be entitled to the transfer contemplated in terms of that section must be a tenant cultivating the land in question.

(3.) The word "tenant' is defined in clause (17) of Section 2 of the Act. That definition is as under : -