JUGNI DEVI Vs. MANGAT RAM
HIGH COURT OF HIMACHAL PRADESH
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(1.)These are two revision petitions under Himachal Pradesh (Transferred Territory) Tenants Protection of Rights Act, 1968, arising out of the orders of the Assistant Collector 1st Grade, Dehra passed on I3th June, 1969 on two applications filed by S/Shri Sunder and Shri Nikka. Since the point of law involved in both the revision petitions is the same these are being disposed of through this single order.
(2.)Brief facts of these cases are that the petitioner Sarvashri Sunder and Nika residents of Paisa, Tehsil Dehra applied to the Assistant Collector 1st Grade on 2 -11 -1968 and 8 -11 -1968 that they have been evicted by respondents land -owners without following the due process of law from the land measuring 16 Kanals and 8 Marias comprised in Khata No. 2 -min field Nos. 8, 23, 25, 29 and measuring 16 KanaJs comprising field No. 58 respectively in Tikka Dasman, Mauja Paisa, Tehsil Dehra. The Assistant Collector 1st Grade heard the parties and rejected the applications as time barred on the ground that the applications were not presented within the period of three months of the commencement of the Act.
(3.)Aggrieved by these orders, the petitioners have preferred these revision petitions under Section 6 of the said Act on the ground that the Assistant Collector 1st Grade has erred in computing the period of three months from the c1ate of assent of the President instead of the date of its publication in the Gazette.
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