ALMU Vs. PARVATI

JUDGEMENT

(1.) This revision petition has been recommended under section 118 of Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter to be referred Act), by the learned Divisional Commissioner vide his order dated 7 -fc -73 to this court.

(2.) Brief facts of the case are that the present petitioner Shri Almu was recorded as non -occupancy tenant of the land under khaia number 50/91 min comprising khasra No. 84 measuring 5 -15 -5 bigha situated in village Kataula, Tehsil Sadar Mandi. The present respondent Mst. Parvati filed a suit under sections 54 and 55 of the Act for the ejectment of Shri Almu tenant -petitioner on the following ground: (i) That having been restrained by the landlord the tenant had constructed a house on the tenancy land and had thus rendered it unfit for the purpose for which it had been let out. (ii) That the tenant had not paid the full rent for the crop kharif 1966, inspite of repeated reminders. On the basis of plaint and written statement the following issues were framed by the Assistant Collector 1st Grade :

(3.) After recording the evidence and hearing the parties the Assistant Collector, 1st Grade vide his order dated 22 -10 -69 decided the issues in favour of Mst. Parvati landlord (present respondent) and held that Almu tenant (present petitioner) was liable to be ejected under section 54 (1) of the Act and also to pay Rs. 25/ - on account of the rent due for kharif 1966. Being dissatisfied of this order Almu tenant filed an appeal before Collector who upheld the order of lower court and dismissed the appeal. It is against this, order the present revision petition was filed before the Divisional Commissioner who has recommended it for interference on the revisional side on the ground that the orders passed by the authorities below suffer .from inadequate appreciation of the circumstances of the case.