PARTAP SINGH Vs. DAMODAR DASS AND ORS

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 31.8.2007, passed by a learned Single Judge of this court, whereby he dismissed the writ petition filed by the appellant and upheld the order of the Financial Commissioner (Appeals).

(2.) Briefly stated, the facts of the case are that on 7.9.1971, the predecessor-in-interest of the private respondents, who were tenants of one Roshan Lal, filed an application under Section 11 of the H.P. Abolition of Big Landed Estates and Land Reforms Act, 1953, (hereinafter referred to as the Abolition Act), seeking to acquire the rights of ownership in the land on the grounds that they were tenants and entitled to acquire the said rights in terms of the Abolition Act. Thereafter, on 26.9.1971, the said Roshan Lal transferred his ownership rights in the land in question in favour of the present appellant Partap Singh. The appellant was born on 19.7.1967 and was aged only about 4 years at the time when the transfer was made in his favour. Since he was a minor, the proceedings under the Abolition Act were kept in abeyance only with a view to protect the interests of the appellant. The appellant attained majority on 19.7.1985 and the Compensation Officer appointed under the Abolition Act passed an order on 7.1.986 holding that the proprietary rights of the present appellant in respect of the suit property stood acquired by the private respondents on payment of compensation payable in terms of the Abolition Act. Admittedly, this order attained finality and was not challenged.

(3.) The present appellant, on attaining majority, filed an application on 11.9.1985 before the Compensation Officer, Sarkaghat under the provisions of Section 104(1) of the H.P. Tenancy and Land Reforms Act, 1972, (hereinafter referred to as the Land Reforms Act) seeking resumption of the suit property.