KRISHNA DEVI Vs. MATHRU

JUDGEMENT

(1.) This is a revision petition has been recommended by the Divisional Commissioner, Shimla Division who has held that a mutation pertaining to Sale of immovable property in favour of the petitioner was wrongly rejected by the Assistant Collector IInd Grade, Solan and has further recommended that directions may be issued to the Assistant Collector IInd Grade to allow the petitioner one more opportunity to produce documentary evidence, if any, in support of her contentions and to decide the mutation afresh after thorough inquiry. The record of the Courts below has also been forwarded alongwith the recommendation.

(2.) Brief facts of the case are that the petitioner bought land comprised in Khata/Khatauni No. 38/45, khasra No. 194/165/156/117/115/4 measuring 0 -2 Biswas, situated in Mauza Nadoh, Tehsil and District Solan, from the respondent vide Sale Deed No. 123 dated 20.2.1998. Mutation No. 492 of the land so bought was entered which the Assistant Collector IInd Grade Solan rejected on 25.5.1998 on the ground that the petitioner does not fall within the definition of Landless as defined under Section 118(2) (h) of the H.P. Tenancy and Land Reforms Act, 1972.

(3.) The petitioner filed an appeal against the same before the Sub -Divisional Collector Solan who dismissed the appeal on 30.11.1998. The petitioner, thereafter, filed a revision petition before the Commissioner, Shimla Division who has forwarded the same to this Court with the aforesaidrecommendation. The record of the Courts below has been perused and the arguments advanced by the learned Counsel for petitioner have been heard.