GOKAL Vs. SMT. SHAKUNTLA DEVI ETC.

JUDGEMENT

(1.) This case was filed originally as a second appeal under Sec. 104 of the Himachal Pradesh Abolition of Big Landed Estates and land Reforms Act, 1953. It is prayed that in case it is found that a second appeal does not lie the case be treated as a revision petition under Sec. 105 of the Act.

(2.) The relevant facts are these. An application was made by the tenant for the acquisition of proprietary rights of the landowner under Sec. 11(1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act. That application was dismissed by the Compensation Officer. Against the order of dismissal, the tenant appealed to the learned District Judge. During the pendency of the appeal the tenant applied to the learned District Judge for a decision on the question whether one of the landowners was deaf and dumb and mentally retarded. The application has been dismissed by the learned District Judge by his order dated August 4, 1975. Against that order the tenant has instituted the present proceeding in this Court. The appeal is still pending before the learned District Judge.

(3.) The question is whether the present proceeding is maintainable, viewed either as an appeal or as a revision petition.