C.R.THAKUR
DAULAT RAM – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
C. R. Thakur, J.—These six petitions raise a common question and can conveniently be disposed of by a single Judgment.
2. In CWP 112 of 1977, the petitioners had been recorded as tenants of the land, Khasra number 49, measuring 22 bighas 19 biswas situte in Mauza Naliaha Doem Jatol, Pargana Chhabrot, Tehsil and District Simla, under the Government. Previously this area was under the ownership of the erstwhile Pepsu State, and at that time also the petitioners had been recorded as tenants under the Pepsu Government, and now they are recorded as tenants under the Himachal PradeshGovernment, and the land is recorded as Ghasini. By virtute of the provisions of section 104 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Act No. 8 of 1974) (hereinafter referred to as the Act), the rights, title and interest in the tenancy land of the landowner shall vest in the tenants free from all encumbrances. According to the petitioners since they had been recorded as the tenants, therefore, they had become the landowners of the land, khasra number 49, from the date of the promulgation of the rules framed under section 122 of the Act. These rules were promulgated on 4th October,
(1) State of Madhya Pradesh v. Babu Lai. AIR 1977 SC 1718.
(2) Mond. Shafi v. VII Addl. Distt. & Sessions Judge
(3) State of U. P. v. M/s. Indian Hume Pipe Co. Ltd
(4) Abad Cotton Mfg, Co. Ltd. v. Union of India
(6) Divisional Forest Officer v Daut and others. AIR 1968 SC 612.
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