LOTAMI DEVI Vs. DURGA SINGH

JUDGEMENT

(1.) SHORN of all unnecessary details, the basic facts necessary for adjudication of this petition are that the respondent preferred application under Section 21 of the Himachal Pradesh Tenancy and Land Reforms Rules, 1975 before the Land Reforms Officer- Assistant Collector Ist Grade, Kullu on 19.4.1989. The petitioner had pleaded in his application preferred under Section 21 of the H.P. Tenancy and Land Reforms Rules, 1975 (hereinafter referred to as the Rules) that he joined Indian Army on 19.7.1971 as Sepoy in 13 Bn. Brigade of the Guards Regiment and retired/discharged as Havaldar on 16.12.1988 and he wanted to resume half share in the land comprised in Khasra No.183 min, Khatauni No.302 min, 629 measuring 4-12 bighas under Section 104(8) of H.P. Tenancy and Land Reforms Act. The learned Land Revenue Officer- Assistant Collector Ist Grade has passed the order in favour of the respondent by up-holding that he has filed the application within time and was entitled to half share in the land comprising in Khasra No.674 measuring 4-12 bighas under the provisions of Section 104(8) of the H.P. Tenancy and land Reforms Act, 1972 as per Jamabandi for the year 1988-89 because the Land Reforms Officer was not competent to change the entries in the Jamabandi. The Land Reforms Officer has held that the petitioner was required to file the appeal when the respondent had entered into family settlement (Khangi Taksim) with other co-sharers, but she did not do so and since the year 1988-89 the names of respondent and Shri Mohan Singh continued to be entered in the Jamabandi. The learned Land Reforms Officer has consequently held the respondent to be owner with cultivation in respect of land comprising in Khata No.217/339, Khasra No.674 measuring 4-12 bighas to the extent of half share and the name of the petitioner as tenant on payment of rent was deleted in Khasra Girdawari.

(2.) FEELING aggrieved by the order of the Land Reforms Officer, dated 5.3.1999, the petitioner had preferred appeal before the Collector, Sub Division, Kullu on 22.4.1999. The Sub-Divisional Collector, Sub-Division, Kullu had up-held the order passed by the Land Reforms Officer on 5.3.1999 and the stay granted in favour of the petitioner on 1.2.1999 was vacated and the appeal was dismissed on 27.12.2001.

(3.) ACCORDINGLY , the Commissioner, Mandi Division had dismissed the appeal on 25.8.2005.