AMAR CHAND Vs. THAKARI DEVI

JUDGEMENT

(1.) This revision petition under Section 114(3) H.P. Tenancy and Land Reforms Act. 1972 has been filed by Sh. Amar Chand petitioner before this court against the order dated 19.9.1997 passed by the Divisional Commissioner. Kangra in an appeal No. 12/94 by virtue of which the appeal filed by the present respondent before him was accepted and the case was remanded back to the Assistant Collector for deciding the matter afresh in accordance with law.

(2.) The facts of the case in brief are that the Assistant Collector Ilnd Grade Amb sanctioned a mutation No.3897 on 30.8.1982 under Section 104 of H.P. Tenancy and Land Reforms Act. 1972 in favour of the present petitioner Shri Amar Chand conferring proprietary rights in respect of land comprising khasra No.1512 measuring 3.10 kanal previusly owned by one. Sh. Santu Owner situated in Mauza Mubarakpur. Tehsil Amb. Distt. Una.

(3.) This order was challenged by Smt. Thakri Devi the present respondent before the Collector Amb on the grounds that the impugned land was in her possession as owner and prior to it this land had been in possession of her predecessor -in -interest as non occupancy tenant recorded in the revenue record right from 1944 -45 to 1976 on payment of rent to the owners who had already become owner of this land and then she had succeeded to his estate as owner. It was further contended that in the Jamabandi for the year 1978 -79. her name and that her predecessor -in - interest was deleted without any order and no notice had been issued to the present respondent Smt. Thakri Devi or her predecessor -in -interest by the revenue authorities. It was alleged that while effecting this change of entry in the name of present petitioner Shri Amar Chand. no enquiry was made by the revenue Officer and as such this change had been made against the mandatory provision of law and the impugned order had been passed behind the back of the present respondent.