BHOOP SINGH Vs. PAWAN KUMAR

JUDGEMENT

(1.) This revision petition has been filed under Section 17 of the H.P. Land Revenue Act, 1954 against an order dated 29 -8 -2002 passed by the Additional Deputy Commissioner, Kangra exercising the powers of Commissioner under the Act.

(2.) Brief facts of the case are that the Tehsildar -cum -Assistant Collector 1st Grade, Jaisinghpur attested a mutation No. 61 on 25 -10 -1993 on the basis of a decision in civil appeal No. 28/1959, 27/1960 dated 18 -1 -1971. By this mutation the Assistant Collector, 1st Grade cancelled the entries incorporated in the record earlier in pursuance to a gift deed executed by one Smt. Mahanti Devi in favour of the present respondents No.1 to 4 on 19 -9 -1988. The respondents No.1 and 2 assailed the mutation before the Collector, Sub -Division, Jaisinghpur, who concluded that the gift deed was executed on 19 -9 -1988 i.e. after Smt. Mahanti Devi had acquired full ownership rights in the property subsequent to Shri Mangat Ram having executed a registered gift property subsequent to Shri Mangat Ram having executed a registered gift deed on 20 -5 -1974 in her favour. The learned Collector held that the Assistant Collector, 1st Grade had not correctly interpreted the decision of the civil court and that after passing of the Hindu Succession Act, 1956 females had become absolute owner of their properties and therefore, Smt. Mahanti Devi could not be debarred from her right as an absolute owner. The Collector, therefore, set aside the order of the Assistant Collector, 1st Grade dated 25 -10 -1993.

(3.) The present petition filed an appeal against the order of the Collector dated 30 -6 -1999 before the Additional Deputy Commissioner, Kangra exercising the powers of Commissioner who observed that the Collector had gone into great detail as regards the civil court decree and the order passed by the Honble High Court of Himachal Pradesh thereafter. He held that Smt. Mahanti alongwith Smt. Ghunghi, widows of Siba, son of Gokal and Gokal, son of Shri Ghotu, respectively at various points of time executed gift deeds in favour of Shri Mangat Ram, the predecessor in interest of the present respondents prior to the enactment of the Hindu Succession Act, 1956, Shri Bhoop Singh and another filed a suit for declaration in the court of learned Sub -Judge, Dharamsala challenging the gift deeds, which was dismissed. The appeal preferred before the District Judge, Gurdaspur was also dismissed and thereafter an appeal was preferred before the Honble High Court. The matter was remanded to the District Judge, Kangra who accepted the appeal and R.S.A. was filed by Shri Mangat Ram before the Honble High Court of H.P. which was also dismissed on 27 -11 -1973. The Commissioner (A.D.M.), Kangra further held that the transactions made by Smt. Mahanti that were set aside by the civil courts were prior to the enactment of Hindu Succession Act, 1956. On coming into force of this Act, however she became the absolute owner of the land with her. Smt. Mahanti died on 15 -9 -1994 and she had executed a gift deed in favour of Shri Mangat Ram in the year 1988, which was never challenged before any court. The Commissioner therefore, dismfssed the appeal. The present revision petition has been directed against the order dated 29 -8 -2002 passed by the Commissioner.