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1990 Supreme(HP) 94

KAMLESH SHARMA, V.K.MEHROTRA, BHAWANI SINGH
CHUHNIYA DEVI – Appellant
Versus
JINDU RAM – Respondent


Advocates Appeared:
In R. S. A. No. 338 of 1988. For the appellant(s) :Shri Ishar Singh, Advocate. For the respondent(s):Shri B K. Malhotra, Advocate. In R.S.A. No. 174 of 1982. For the appellants:Shri R. K. Duggal Advocate. For the respondent: Shri S. S :Kanwar, Advocate. In R.S. A. No. 15 of 1963. For the appellant:Shri Bhupinder Gupta, Advocate. For the first respondent:Shri R K. Duggal, Advocate. In R S.A. No. 16 o/1983. For the appellant:Shri Bhupinder Gupta, Advocate. For the respondent No. 1:Shri R. K. Duggal, Advocate. In R. S.A, No. 133 o/1988. For the appellants:Shri S. S. Kanwar, Advocate. For the respondent:Shri K. D. Sood, Advocate.

JUDGMENT

V. K. Mehrotra, j.—These appeals have come up before this Bench for an answer to the question whether the civil court has jurisdiction, in respect of an order, (a) made by the competent authority under the H. P. Land Revenue Act, 1954, and (b) of conferment of proprietary rights under section 104 of the H. P. Tenancy and Land Reforms Act, 1972, which has not been assailed under the provisions of these Acts.

2. We will confine our attention to the legal aspect of the matter alone, without going into the facts of these appeals, which shall thereafter be placed for disposal on merits before the appropriate Bench.

3. The question, as is clear, is in two parts. We will consider the two aspects separately. About H. P. Land Revenue Act, 1954.

4. First, about an order by the competent authority under the H. P. Land Revenue Act, 1954 ; The H. P. Land Revenue Act, 1954 (Act No, 6 of 1954) is "an Act to amend and declare the Land Revenue Law of the Himachal Pradesh". The various enactments mentioned in the Schedule to the Act stood repealed, to the extent specified in the third column thereof, upon the coming into force of this Act. The scheme of the Act is familiar and akin to similar


























































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