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1994 Supreme(HP) 21

DEVINDER GUPTA
CHARNO DEVI – Appellant
Versus
DALI MAL – Respondent


Advocates Appeared:
For the appellant(s) :Mr. H. K. Bhardwaj, Advocate. For the respondent(s):Mr. S. S. Kanwar for respondent Nos, 3 to 6 and 12 to 13.

JUDGMENT

Devinder Gupta, J.—The only question arising for determination in this case is that whether in the absence of the persons mentioned in Clauses (a) to (d) in section 45 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (Act No. 8 of 1974) (hereinafter referred to as the Act) the right of a deceased non-occupancy tenant in the land held by him shall stand extinguished or will such a right devolve on the other heirs, in accordance with the general law of succession.

2. In order to answer the question, it is necessary to refer to the facts of the case. The suit property, owned by the plaintiff-respondents is an agricultural land measuring 8 Kanals 10 Marlas comprised in Khasra No. 1195/222/223, situate in village Bharolian Khurd, Tehsil and District Una. It was occupied by Shri Bhagwana the father of the appellants, as a non-occupancy tenant on payment of rent under the owners. Bhagwana died on 4th February, 1975. According to the plaintiffs, on the death of Bhagwana there was no person available on whom the rights of tenancy under section 45 of the Act could devolve. Defendant-appellants being the daughters had no right to inherit the rights of tenancy and. as such, t

























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