BHOLLI Vs. PURAN CHAND

JUDGEMENT

(1.) THE present revision petition has come before this Court on the recommendation made by the learned Commissioner, Shimla Division, vide order dated 28.10.1999 in revision petition No. 128/99 for exercising the revisional powers under H.P. Land Revenue Act.

(2.) BRIEF facts of the case are that the Assistant Collector Ilnd Grade, Nalagarh attested the mutation No. 431 on 13.1.1999 of inheritance of Smt. Kishan Dei, pertaining to revenue Village Lehi, Tehsil Nalagarh, District Solan which was assailed in appeal before the Collector Nalagarh by Smt. Bholli, one of the legal heirs of deceased Smt. Kishan Dei who alleged that the property inherited through the said mutation belonged to her mother and came to her from her maternal grand -father. She claimed that the Respondent, who is her father, could not inherit any share in this property of her deceased mother. The learned Collector, Nalagarh vide order dated 30.6.1999 dismissed the appeal. Feeling aggrieved by this order of the learned Collector, Smt. Bholli filed a revision petition before the Commissioner Shimla, Division who after hearing the parties, recommended the matter to this Court for passing of an appropriate order.

(3.) THE matter is remanded to the Assistant Collector, for fresh decision in accordance with the law, while keeping the orders of the Divisional Commissioner in view and giving opportunity to the parties to be heard.