ORIENTAL INSURANCE COMPANY Vs. BIMLA DEVI

JUDGEMENT

(1.) PETITIONER has assailed the order dated 24.6.2005 passed by the Financial Commissioner (Appeals) in the present writ petition.

(2.) BRIEF facts giving rise to the filing of the present writ petition are as under: Petitioner and respondent No. 2 are close relatives. Respondent No. 2 is the aunt (Bua) of the petitioner and is issueless. In terms of agreement dated 1.4.1991, respondent No. 2 (hereinafter referred to as 'the Aunt') created a tenancy of her agricultural land comprising khasra No. 2236/2171 measuring 0 01 34 hectare and khasra No. 2237/2171 measuring 0 02 81 hectare (total land 0 04 15 hectare = 415 Sq.mtrs.) in Muhal Chhapanu, illaqua Kamlah, Sarkaghat, District Mandi (hereinafter referred to as 'the suit land') in favour of the petitioner (hereinafter referred to as 'the nephew). Petitioner was put in possession of the land and the rent (galla batai) was fixed as 1/4th share of the produce. According to the nephew, he is in cultivating possession of the same.

(3.) LEARNED Counsel for the respondents has defended the order reiterating the findings so recorded therein.