SAVITRI DEVI Vs. SANTA

JUDGEMENT

(1.) M .S.A. No. 8 of 1972 has been referred to a Pull Bench by the then Hon'ble Chief Justice (T. U. Mehta) by an order dated 3rd July, 1979. At the time of hearing, M.S.A. No. 9 of 1972 was also connected with M.S.A. No. 8 of 1972. It is desirable to reproduce the said order:

(2.) THE facts relevant to M.S.A. No. 8 of 1972 may be stated in brief. The respondent tenant thereinafter to be referred as 'the tenant') filed an application under Section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act ('The Act' in short) for the grant of proprietary rights in the land in dispute. The appellant landlord thereinafter to be referred as 'the land owner') opposed the application. Inter alia, it was contended that the landowner was a disabled person, and the income from the land was his only source of livelihood. Issue to this effect was framed by the Compensation Officer, but the proprietary and other rights were granted to the tenant on payment of compensation to the landowner. An appeal was filed on behalf of the landowner, but the same was dismissed by the learned District Judge, on 27 12 71.

(3.) WE shall deal with the first point first The then Chief: Justice (Mr. Justice T.U. Mehta) has referred to two decisions of this Court which are relevant to the points in issue. The judgment relevant to point No. 1, referred to in the referring order, is Chuhatli v. Bratu (lLR (1975) Him Pra 579). This is a judgment delivered by a Division Bench of this Court. Before we refer to the relevant decisions in this case, it is desirable to reproduce the relevant provision as contained in Section 11' of the Act The same reads as under: