LUDAN, NIHALU Vs. SLIRI DUHLA
LAWS(HPH)-1991-12-21
HIGH COURT OF HIMACHAL PRADESH
Decided on December 02,1991

LUDAN, NIHALU Appellant
VERSUS
SLIRI DUHLA Respondents

JUDGEMENT

S.S.SIDHU,J. - (1.) Shri Ludan and others, successors -in -interest of Shri Mangtoo have filed this revision petition under section 17 of H. P. Land Revenue Act against order dated 24 -10 -1986 of the Commissioner, Mandi Division.
(2.) The facts of the case briefly stated are that Shri Mangtoo filed an application before the Revenue Assistant, Bilaspur for correction of Khasra Girdwari entries in respect of field No. 359, measuring 10 -16 Bighas, situated in Village Takrehra, Tehsil Ghumarwin, District Bilaspur. From the enquiry, which was got conducted through the Naib -Tehsildar, Ghumarwin, it was found that Khasra No 359 including some other land of Shri Sewak and others, who were landlords, was originally in the occupancy tenancy of one Shri Dugla, to whose inheritance, Shri Mangtoo brought forward his claim, Shri Dugla having died issueless. The mutation was attested in favour of Shri Mangtoo but Sewak and others filed a suit against him in the civil court and obtained a decree from the Court of Sub -Judge, Bilaspur. According to which, the landlords had become entitled to be put in possession of the tenancy land since the occupancy rights of Dugla had got extinguished on his death. The judgment of the Sub -Judge, Bilaspur was set aside by the District Judge in an appeal, but the Honble Judicial Commissioner in his decision dated 28 -12 -1966, set aside the order of District Judge and upheld the decision of the Sub -Judge. Consequent upon the order of the Honble Judicial Commissioner, Shri Sewak and others, landlords were put in possession in execution proceedings on 22 -4 -1958 by warrant of possession. After hearing the parties, the learned Revenue Assistant vide his order dated 28 -11 -1967 rejected the application of Shri Mangtoo and held that Shri Duhla, respondent continued to hold possession of Khasra No. 359 Min, measuring 5 -16 Bighas as Hisscdar Malik and not as tenant -at -will, after the possession was delivered to him in execution of decree of the civil court.
(3.) Feeling aggrieved by the order dated 28 -11 -1967, Shri Mangtoo filed an appeal before Shri Attar Singh, the then District Collector, Bilaspur, who accepted the appeal vide his order dated 27 -5 -1969 Shri Dulha, respondent filed a review application before Shri Attar Singh, the then District Collector, Bilaspur, under section 16 of H. P. Land Revenue Act for reviewing his order dated 27 -5 -1969 passed by him in appeal No 11/2 of 1968, titled Mangtu v. Duhla". Shri Attar Singh, on review, made his order more clear and explicit and ordered on 30 -10 -1909 that the appeal filed by Shri Mangtoo be deemed to have been accepted to the extent only that Shri Duhla, respondent be entered as Hissedar Malik in the revenue papers. In other words, on review, Shri Attar Singh ordered that Shri Duhla, respondent be recorded as Hissedar Malik instead of tenant -at -will and also maintained the order of the Revenue Assistant, Bilaspur in other aspects as well. The order dated 30 -10 -1969 of the District Collector, Bilaspur was challenged before the Commissioner, Mandi Division, in an appeal by Shri Mangtoo During the pendency of the appeal, Shri Mangtoo expired and the present petitioners were brought on record as his L. Rs. The Divisional Commissioner, Mandi, dismissed the appeal vide her order dated 24 -10 1986 and upheld the order dated 30 -10 -1969 of the District Collector, Bilaspur. Now the petitioners have come in revision before me against the order dated 24 -10 -1986 of the learned Divisional Commissioner.;


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