SESH RAM Vs. RESHMU

JUDGEMENT

(1.) These are two revision petitions under Section 17 of H.P. Land Revenue Act, 1954 one preferred by Shri Sesh Ram son of Chapu Ram and the second by Shri Nuradh Ram son of Birbal petitioners are directed against a common order dated 15.7.1997 passed by the Commissioner Mandi Division in case files No. 259/95 and 131/95 whereby the appeals filed by Smt. Reshmu the present respondent against the orders of Distt. Collector Kullu dated 20.4.1995 and 22.5.1995 respectively were accepted, and the orders of the Distt. Collector Kullu were set aside.

(2.) The facts of the case in brief are that the Assistant Collector IInd Grade attested two mutations i.e. mutation No. 900 and 903 on 1.2.1994 in favour of Smt. Reshmu, the present respondent in respect of hesitance of S/Sh. Fagnu and Jogi who reportedly died issueless.

(3.) Shri Sesh Ram son of Shri Chhapu filed two separate appeals before the Distt. Collector Kullu against the mutations on the grounds that the disputed property which was owned by one Shri Rirku, had 5 sons namely Shupu, Birbal, Chhapu, Fagnu and Jogi and his property was inherited by his five sons in equal shares, and that on the death of Sh. Chhapu, his property was inherited by his son Shri Sesh Ram and on the death of Shri Birbal, his property was inherited by his sons. It was contended that the property of Sh. Jogi deceased had to devolve on S/Shri Shupu and Fagnu who were real brothers of the deceased! And were alive at the time of death of Shri Jogi in consequence of| which the present petitioner S/Sh. Sesh Ram and Nuradh Ram being real nephews of the deceased and being legal heirs were entitled to inherit the estate of the deceased. It was further stated that the mutations under dispute were attested in their absence.