LAWS(HPH)-1974-12-4

SANT RAM Vs. JITU ETC.

Decided On December 04, 1974
SANT RAM Appellant
V/S
Jitu Etc. Respondents

JUDGEMENT

(1.) This is a landowner's ' second appeal arising out of proceedings under Sec. 11(1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953.

(2.) The Respondents applied under Sec. 11(1) of the Act for the grant of proprietary rights in four bighas of land. The application was opposed by the landowner on the ground that he had no other means of livelihood. The Compensation Officer dismissed the application. On appeal by the Applicants the order of the Compensation Officer was set aside by the learned District Judge and the tenants were granted proprietary rights on payment of compensation. And now this second appeal.

(3.) The sole question before the Court is whether the Appellant -landowner can be said to have some other means of livelihood after losing the land in dispute. The learned District Judge took into account the pension received by the Appellant and the circumstance that 32 bighas of land belonged to the Appellant. Proceeding on the assumption that the income from the land and the amount of pension was sufficient the learned District Judge held that the Appellant could not be said to be without any other means of livelihood.