MEGH SINGH Vs. GOPAL DASS THAKUR

JUDGEMENT

(1.) This revision petition has been preferred by the petitioners, Shri Megh Ram & others, under Section 114 of the H.P. Tenancy and Land Reforms Act, against the order dated 17.10.1994 passed by the learned Divisional Commissioner, Kangra at Dharamshala in appeal No. 112/92, whereby the appeal of the present petitioners was dismissed.

(2.) Brief facts of the case are that Shri Gopal Das Thakur, present respondent filed an application in Form LR -V before the Land Reforms Officer, Kangra on 24.11.1975 for resumption of the land held by Shri Kirpu, father of the present petitioners as tenant. At the same time, he filed a suit under Section 34 read with Section 58 of the Act seeking ejectment of the tenant from this very piece of land. The suit for ejectment was disposed of separately and the matter was not agitated further. After enquiry, the Land Reforms Officer allowed the application for resumption on 30.11.1991 and ordered resumption of land bearing khasra No. 1383/762 and 1055, measuring 0 -58 -48 Hects. from the tenant. After the death of Shri Kirpa Ram, his sons Shri Megh Ram & others., challenged the order of the Land Reforms Officer in appeal before the Distt. Collector, Kangra who passed a detailed order on 27.04.1992 and dismissed the appeal. Feeling aggrieved by this order of the learned Collector, Shri Megh ram and other, present petitioners, filed another appeal before the Divisional Commissioner, Kangra who also dismissed the same on 17.10.1994 holding that the revenue Officer below had not committed any illegality or material irregularity as the land owner is a member of Armed Forces and entitled to resume the land from his tenants as per the provision of Section 104 (8), (9) of the Act ibid. Still aggrieved of the orders passed by the Commissioner dated 17.10.1994, Shri Megh Ram and four others have filed this revision petition before this court.

(3.) The main grounds taken in the revision petition are that the Land Reforms Officer, Collector as well as the Commissioner have not appreciated the facts of the case properly and have misinterpreted and mis read various documents placed before them. It has been averred that all the courts below have acted without jurisdiction. It has further been averred that the respondent can only take recourse to either resumption or ejectment and that as per his own admission, Shri Gopal Dass has 1 -71 -27 Hects. of land and therefore he could not resume land.