JETHU Vs. BHUTESHWARI

JUDGEMENT

(1.) This Misc. Second Appeal is directed against the order of the learned District Judge, Mandi, dated May 17, 1978, whereby the appeal of the respondents, Smt. Bhuteshwari Devi and others, herein, against the appellants Jethu and others was allowed and the order of the Compensation Officer, Sadar Mandi, dated September 6, 1974 was set aside.

(2.) The facts of this case reveal a very sad tale. It shows how a little wrong step by the courts during the course of dispensation of justice can put affected parties to avoidable troubles.

(3.) The predecessor -in -interest of the appellants herein, Harji was tenant in respect of certain land under the respondent Smt Bhuteshwari Devi and others. He then initiated proceedings for acquisition of proprie tary rights in respect of those tenancy holdings before the Compensation Officer under the old Act known as the "Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act" and the Compensation Officer granted him the proprietary rights on payment of Rs. 162.45 p. The respondents, however, challenged this order of the Compensation Officer in appeal before the learned District Judge. During the course of the pendency of the appeal, the parties effected a compromise whereby the said Harji undertook to pay compensation to the tune of Rs. 1,670 instead of Rs. 162.45 to the respondent landlords. The District Judge then while disposing of the appeal vide order dated July 2, 1970, directed that said Harji would deposit this amount of Rs. 1,670 minus Rs. 162.45 (which amount stood already deposited) with the Compensation Officer concerned by July 1, 1971 and in case of default, the application of said Harji for acquisition of proprietary rights would stand dismissed. It then transpires from the record that before this due date for depositing the amount of Rs. 1,670, that is, July 1, 1971 arrived, said Harji died on December, 3, 1970 leaving behind the present appellants as his heirs. They then moved an application before the learned District Judge, Mandi, on August 25, 1971 wherein they averred that when after the death of said Harji, Jaithu, one of the appellants, approached the counsel said Harji had previously engaged in these proceedings, he came to know that there was some compromise as a result of which the amount of Rs. 1,670 was to be deposited on or before July 1, 1971 and that prior thereto they had no such knowledge and that in fact the sons of Harji that is, Jethu, Sohan Lal and Punu were still minors and their mother Smt. Chhangi was an illiterate rustic woman and in these circumstances the date for the deposit of the said amount be extended as the same had since expired - The learned District Judge then vide his order dated October 11, 1971 held that he could not review the order of the District Judge dated July 2, 1970 so as to grant extension to the appellants for the deposit of the amount of Rs. 1670 and, therefore, the appellants should make necessary application for extension of time before the Compensation Officer concerned and he thus dismissed the application.