STATE OF H P Vs. ANNAPURNA PATHAK

JUDGEMENT

(1.) Late Rai Bahadur Pandit Sunder Lal Pathak, owned properties at many places including Solan. He had two daughters, namely, Vidyawati Pathak and Rajeshwari Rani Pathak. It appears that Rejeshwari Rani Pathak died unmarried and issueless on 3/12/1983. Her sister Vidyawati was married to Jagat Dhar Sharma Guleri. She had three sons, namely, Sharangdhar Pathak predecessor-in-interest of non-applicants 3(a) to 3 (e), Shrikar Pathak and applicant Shridhar Sharma Guleri. Sharangdhar was adopted by his maternal grand-father Rai Bahadur Pt. Sunder Lal Pathak. Shridhar Sharma Guleri died on 22/2/1974. Vidyawati sister of Rajeshwari Rani Pathak had pre-deceased her and expired on 1/1/1974.

(2.) Smt. Rajeshwari Rani Pathak inherited some land from her father which was acquired by the State of H.P. for setting up of H. P. Agriculture University (Agriculture Complex) at Nauni later known as Dr. Y. S. Parmar University (Agriculture & Forestry), Nauni, Solan and compensation was awarded to her by the Land Acquisition Collector. Aggrieved by the said award, Smt. Rajeshwari Rani Pathak filed a land reference petition No. 45-S/2 of 1980 on 15/5/1980. During the pendency of this land reference petition, Smt. Rajeshwari Rani Pathak, expired on 3/12/1983. Shri Sharang Dhar Pathak was impleaded as the legal representative in the reference proceedings vide order dated 23/6/1984. Against the final award dated 20/2/1991, the State of H. P. had filed various appeals. RFA No. 58 of 2002 was filed in respect of the land of Smt. Rajeshwari Rani Pathak. During the course of appeal it was transpired that in fact Shri Sharangdhar Pathak had died on 12/9/1991.

(3.) With the consent of the parties, Smt. Annapurna Pathak widow, Karunakar Pathak, Madhukar Palhak, smt. Ajita Sharma and Smt. Aparna Manjrekar, sons and daughters, were brought on record as legal heirs of the deceased Sharangdhar Pathak.