DITTU RAM ETC. Vs. RAM DAYAL ETC.

JUDGEMENT

(1.) This is a landowners' 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 tenants applied under Sec. 11(1) of the aforesaid Act for acquisition of proprietary rights. In opposition to the application the landowners raised a number of pleas, among them being that the tenants were liable to ejectment under Sec. 54(1)(g) of the Act. The Compensation Officer rejected the defence set up by the landowners and allowing the application of the tenants he granted them proprietary rights on payment of compensation. An appeal filed by the landowners has been dismissed by the learned District Judge. And now this second appeal.

(3.) Sec. 11(1) of the Act entitles a tenant to apply for the acquisition of the right, title and interest of the landowner in the land of tenancy held by him under a landowner. The proviso to Sec. 11(1) reads: