GURPAL SINGH Vs. RAMSWAROOP

JUDGEMENT

(1.) These appeals are directed against the judgment and order, dated 15th July, 1968. passed by the District Judge, Sirmur District at Nahan, whereby he accepted the appeal of Ram Sarup and dismissed the appeal of the present appellants. The landowners have filed separate appeals against this order and both of them will be disposed of by this judgment.

(2.) The facts in brief are that the land in question originally belonged to Mahant Gurdyal Singh, who gifted this land in favour of his minor sons, Gurpal Singh and Karanvir Singh, vide mutation No. 58, dated 17th January, 1966, along with other land. This land was in the tenancy of Ram Sarup who filed an application under Section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, (hereinafter referred to as the Act) for acquisition of the right, title and interest of the landlord in the land.

(3.) The minors who had become owners of this land by virtue of the gift made in their favour by their father opposed this application through their guardian-adlitem and contended that the non-applicants-landowners were minors and lived separate from their father. They had no other source of livelihood and depended for their livelihood on the income of this very land. In view of this they pleaded that they were entitled to protection under Subsection (2) of Section 11 of the Act and the applicant was not entitled to the acquisition of their right, title and interest in the land.