NEGI RAM Vs. MANDIR SHIVJI MAHARAJ

JUDGEMENT

(1.) This Letters Patent Appeal arises out of proceedings upon an application under Sec. 11(1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953.

(2.) Dhumi made an application to the Compensation Officer, Arki under Sec. 11(1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act (hereinafter referred to as 'the Act') for the acquisition of the landowners' rights in 25 plots of agricultural land covering a total area of 11 bighas 16 biswas in village Darla of Tehsil Arki. The landowner is 'Shri Mandir Shivji Maharaj, Darla'. Objections were filed on behalf of the landowner claiming the benefit of Sec. 11(2) of the Act. The Compensation Officer over -ruled the objections, and allowing the application granted proprietary rights to the legal representatives of Dhumi, who had meanwhile died, on payment of compensation. An appeal was filed by the landowner before the learned District Judge, Mahasu and was dismissed. A second appeal under Sec. 104 of the Act has been allowed by our brother D.B. Lal. He has taken the view that the landowner, being a Hindu idol, was in the position of a minor or, alternatively, a person suffering from physical or mental disability incapable of earning his livelihood, and therefore that Sec. 11(2) of the Act was attracted. Accordingly, he has dismissed the application filed under Sec. 11(1) of the Act.

(3.) Learned Counsel for the Appellants contends that a Hindu idol is not a minor and the view taken by the learned single Judge is erroneous. The relevant provisions of Sec. 11 are - -"11.