LABHA AND ANR. Vs. SITAR MOHAMMAD AND ANR.

JUDGEMENT

(1.) THIS is a landowners' appeal arising out of a proceeding under Section 11(1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act.

(2.) THE tenants -Respondents applied under Section 11(1) of the aforesaid Act for grant of proprietary rights in a parcel of land. The application was opposed by Labha on the ground that he had already gifted the land to Wali Mohammad and had no interest left in the land. On this, the tenants impleaded Wali Mohammad as a further party to the application. Wali Mohammad resisted the application contending that he was a minor and had no other means of livelihood, and that he was entitled to the benefit of Section 11(2) of the Act. The Compensation Officer found that Labha had gifted the land to Wali Mohammad in order to defeat the rights of the tenants, and that Wali Mohammad resided with his parents and had sufficient means of livelihood. He allowed the application of the tenants and granted them proprietary rights. At the same time a similar application by the tenants in respect of the land in Khasra No. 328 was rejected. Both the tenants and the landowners appealed. The learned District Judge, by his judgment and order dated March 17, 1970, dismissed the appeal filed by the landowners and allowed that filed by the tenants, and in the result granted the tenants proprietary rightist in the entire land. Against his order the landowners have filed the present appeal.

(3.) THE appeal is allowed, the judgment and order dated March 17, 1970 of the learned District Judge is set aside so far as it disposes of the appeal filed by Labha and Wali Mohammad and the case is remanded to the learned District Judge for fresh consideration and decision in accordance with law. In the circumstances, there is no order as to costs. The parties will appear before the learned District Judge on March 14, 1977.