JUDGMENT

This civil appeal arises out of an application made by the respondent under Section 11(1) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (Act No. 15 of 1954) for acquiring the right, title and interest of the owner in the property in question. It has been alleged that since she had a tenancy right therein, she is entitled to the benefit of the section. The application was filed before the Compensation Officer, the designated authority in this regard which was rejected and the order was confirmed on appeal. The respondent challenged these orders in a second appeal before the High Court, under the provisions of Section 104 of the Act. The learned single Judge who heard the appeal went into the disputed questions at length and reversed the impugned decision and allowed the application of the respondent. A Letters Patent Appeal was thereafter filed by the State which was dismissed by a well reasoned judgment dated 26-7-1984.

2. It has been contended by the learned counsel for the appellant that for application of Section 11 of the Act, it is necessary for an applicant to establish not only his tenancy but also the fact that the property in qu