BIHARI LAL Vs. THAKUR DASS

JUDGEMENT

(1.) This revision petition preferred by S/Sh. Bihari Lal and others sons of Late shri Tara. resident of Village Machhui. Tehsil Palampur. Distt. Kangra is directed against the order dated 15.10.1990 passed by the Sub -Divisonal Officer -Cum - Collector. Palampur in appeal No.27 of 1989 whereby the appeal of the present petitioners was dismissed.

(2.) The facts of the case in brief are that as per order of the Land Reforms Officer Palampur dated 30.8.1976 by which he ordered to resume 0 -17 -94 Hect. of land classified as Nehri and 0 -10 -04 as Banjar from the tenants out of the land in dispute as per Misal Haquiat Bandobast Nadid of Mohal Machhui and the rest of the land was ordered to be mutated in favour of the present respondents/tenants under Section 104 of Tenancy and Land Reforms Act, 1972. Mutation in pursuance thereof was attested by the Assistant Collector on 11.07.1988.

(3.) Against this order. S/Shri Bihari Lal. Kali Dass. Pardhan Singh sons of Tara the present petitioners filed an appeal before the sub -Divisional collector. Palampur on the grounds that the mutation was void abinitio. and not binding upon the petitioners for the reason that they were not informed and summoned by the Assistant Collector and that shri Pardhan Singh petitioner was serving in the army and that the Revenue Officer below had wrongly attested the mutation under Section 104 of the Tenancy and Land Reforms Act. It was also contended that the mutation was attested contrary to the order of Land Reforms Officer dated 30.8.1976.