SHRI GUMAT RAM SON OF SHRI KANNUR R/O VILLAGE GUJRA PHATI, MANJADESH, SUB TEHSIL ANNI, DISTRICT KULLU, H.P. Vs. SHRI MANI DEVI WIFE OF SHRI GUMAT RAM RESIDENT OF VILLAGE BALOLI, PHATI, KAMANAD, SUB TEHSIL ANI, DISTRICT KULLU, H.P.

JUDGEMENT

(1.) THE petitioner and private respondent are husband and wife. The petitioner gifted one bigha of land to his wife. Originally, the petitioner owned 4 -1 bighas of land comprised in Khata/Khatauni No. 689/848 in Phati Manjadesh Sub Tehsil Anni, District Kullu.

(2.) IN the gift deed it was mentioned that the petitioner had gifted to his wife 20/81 share in the land. If the total land is taken to be 4 bigha 1 biswa this would work out to 1 bigha. It is, however, apparent that prior to gifting 1 bigha to his wife the petitioner had already sold 1 bigha of land and therefore he had been left behind only with 3 -1 bigha of land whereas in the gift deed total land was mentioned as 4 bigha 1 biswa. The mutation qua the share of the private respondent was attested in her favour but vide order dated 21.8.1999 the same was cancelled on the ground that the description of the land was not proper. The private respondent Mani Devi filed an appeal which was allowed vide order dated 6.8.2001 passed by the Collector. The present petitioner filed an appeal before the Divisional Commissioner who allowed the same vide order dated 25.09.2006. Thereafter the private respondent filed revision petition before the Financial Commissioner who allowed the same on 6.1.2009 hence this petition under Article 227 of the Constitution of India.

(3.) THEREFORE , I find no merit in the petition, which is accordingly rejected. No costs.