SWAKU Vs. HEMANAND

JUDGEMENT

(1.) Sidhu and Swaku appellants, were petitioners before the Compensation Officer under Section 11 (1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter to be referred as the Abolition Act) and they claimed to be tenants of 6-7-6 bighas of land situate in Khasra Nos. 309. 578 and 608 of village Baggi in Tehsil Sadar of Mandi District. The petition was filed against Parmanand and Hemant Kumar who was then minor the latter being land-owner of the disputed land which, according to the petitioners, was gifted to him by Parmanand on 16-9-1963. It was contended that the gift was invalid because no acceptance was made of the gift on behalf of the minor Hemant Kumar.

(2.) The two land-owners contested the petition on the allegations, that the gift was accepted by the father of Hemant Kumar who is grandson of Parmanand. It was then stated that Hemant Kumar had no other means of livelihood and as such his right, title and interest in the property could not be acquired by the tenants.

(3.) The learned Compensation Officer granted the petition and conferred proprietary rights upon the tenants and fixed the amount of compensation. The land-owners came in appeal before the learned District Judge and their appeal was accepted. It was held that the gift was properly accepted by the father of the minor and hence was a valid gift. It was, however, held that the minor Hemant Kumar was not possessed of any means of livelihood and therefore his right, title and interest of the property could not be acquired. Accordingly the petition was dismissed. The tenants have now come up in this second appeal under Section 104 of the Abolition Act.