BABU RAM Vs. PREM CHAND

JUDGEMENT

(1.) This revision petition arises out of the recommendation made by the learned Divisional Commissioner, Kangra Division in revision petition No. 258/94 dated 14.7.1998 vide which it has been observed that the attestation of mutation in respect of the tenancy land on the basis of the registered Will is against the provisions of section 45 of the Tenancy Act and required to be set aside. /

(2.) Brief facts of the case are that the Assistant Collector, IInd Grade Nurpur attested the mutation No.202 of Village Jachh, Tehsil Nurpur, Distt. Kangra vide on 13.5.1993 vide which inheritance of Nathu ram deceased (predecessor in interest of present petitioner and respondents) was sanctioned in favour of Shri Gian Chand and present respondent No.1 (Prem Chand), sons of Shri Nathu ram on the basis of registered Will. This order of Assistant Collector, 11nd Grade was assailed in appeal by the present petitioner, Shri Babu Ram before the Collector, Sub -Division, Nurpur on the ground that the mutation was attested by the Assistant Collector, 11nd Grade, on the basis of a forged document and that since the land was acquired by Shri Nathu Ram deceased under Section 104 of the tenancy and Land Reforms Act, he was not competent to transfer the same by way of Will as per provision of the aforesaid Act. The learned Collector, dismissed the appeal vide order dated 25.7.1994 holding that once the proprietary rights are conferred on a tenant, his succession is governed under the Hindu Succession Act, 1956 and the mutation was rightly sanctioned by the Assistant Collector, 11nd Grade in favour of the respondent as per the registered Will of Shri Nathu Ram.

(3.) Feeling aggrieved by this order of the Collector, Nurpur, Shri Babu Ram challenged it in revision before the Divisional Commissioner, Kangra who, vide his order dated 14.7.1998, has recommended the matter to this court observing that Shri Nathu Ram deceased was only a tenant and he was not legally competent to will his tenancy land in view of the specific provisions of Section 45 of the H.P. Tenancy and Land Reforms act which provides that incase of death of a tenant, the tenancy shall devolve on male .....descendants and if there are no such males, then only to other categories. He has further held that the tenancy has to devolve on all the four sons in equal shares and that the registered will also did not specifically mention the tenancy land. In fact the will mentioned khasra No. 436 which is not involved in the present dispute. He recommended that the orders passed by the courts below are required to be set aside.