DHARAM SINGH Vs. SHEELA

JUDGEMENT

(1.) The instant writ petition has been filed for grant of following substantive relief:

(2.) The brief facts, as set out in the petition, are that late Raja Hitendra Sen, the erstwhile Ruler of Keonthal State and predecessor-in-interest of respondents No. 1 to 5 filed and personally presented an application on 18.8.1987 before the then Sub Divisional Collector, Shimla, for change of ownership of land as comprised in Khasra Nos. 666/188/10/3 (measuring 891.8 square yards), 666/188/10/7 (measuring 213.8 square yards) and 676/188/1 (measuring 66.4 square yards), Kittas 3, total area measuring 1172 square yards and 2 square feet, situated in Station Ward, Chhota Shimla, by effecting necessary change in the revenue entries to the contrary, thereby, praying that Sh. Surat Ram Mahantan, predecessor-in-interest of the petitioners, be recorded as owner in possession of the said land as according to Raja Hitendra Sen, tenancy qua such land had been created by him in favour of Sh. Surat Ram Mahantan on payment of rent @ Rs.50/- per annum, which was being paid by him regularly right from the year 1975. It was further case of Raja Hitendra Sen that the land being situated in urban area of Shimla was not subject to girdwari (crop inspection), thus such status could not be reflected in the revenue records. It was further stated in the application that in view of Section 104(3) of the H.P. Tenancy and Land Reforms Act, 1972 (in short, the 'Tenancy Act') having come into force, as such, Sh. Surat Ram Mahantan had become the owner of the said land. Thus, it was prayed that necessary change in the revenue record be effected by means of mutation under Rule 28 of the H.P. Tenancy and Land Reforms Rules. An affidavit to this effect was also filed by Raja Hitendra Sen. (Copies of the application and affidavit have been annexed as Annexuers P-1 and P-2 respectively).

(3.) The Sub Divisional Collector forwarded the application of Raja Hitendra Sen to Tehsildar (Urban), Shimla for disposal, however since the relevant record at that time was with the Settlement Department, as such, the Tehsildar (Urban) further transferred the case to the Tehsildar, Settlement, Sanjauli, who vide his endorsement dated 14.10.1987 marked the application to Naib Tehsildar, Settlement, Shimla to conduct an inquiry.