RAM KUMAR Vs. DHARAM SINGH

JUDGEMENT

(1.) The Facts are : Karnal Singh and Smt. Agraj Kaur were tenure-holders of Khasra No. 196 Min, are 2.03 decimal. On favouring Karam Singh's. Purchaser Karam Singh's moves a mutation application in Tahsildar's. On 11-2-1980 the application is rejected because sale is seen to violates Sec. 168-A, Z.A. & L.R. Act.

(2.) One Ram Kumar takes us the matter in an application before Sub-Divisional Officer, Hasanpur. The complaint is that sale is of a fragment out of total area 2.03 acres, which itself is less than 3⅛ acres. Order sheet Karam Singh, Sub-Divisional Officer has commenced legal action under Sec. 168-A, L.R. ZA & L.R. Act. Purchasers Dharam Singh's lodge an Objection in Opposition on 23-4-1984. Their pleading has set forth the contention that applicant cares so less spell out a contention a miscellaneous application is a thin gruel for legal actions. The land is situate in non-agricultural area and is purchased for purpose of Abadi. The one purchaser Dharam Singh is unemployed graduate and holds a diploma in sugar cane proceeding. That Sec. 168-A ZA&LR Act has no application. Parties have been given chance of hearing. On 8-7-1985 Sub-Divisional Officer enters an order declaring that it is transfer by sale of a fragment situate in a consolidated area and is void. The land is vested in the State Government from the date of transfer.

(3.) Aggrieved by the order, Dharm Singh's a carry an appeal in commissioner's. On 2-4-1986 Additional Commissioner enters an order allowing the appeal ; the order of court below dated 8-7-1985 in set aside. Aggrieved, Ram Kumar lodges a second appeal.