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2007 Supreme(HP) 180

DEEPAK GUPTA, SURINDER SINGH
STATE OF H. R. – Appellant
Versus
CHANDER DEV – Respondent


Advocates Appeared:
Mr. M.S. Chandel, Advocate General with Mr. R.M. Bisht, Deputy Advocate General, for the Appellant; Mr. G.D. Verma, Senior Advocate with Mr. B.C. Verma, Advocate, for the Respondents.

JUDGMENT

Deepak Gupta, J.—Because of the conflict of views in respect of- the retrospective application of the amendment made to the H.P. Tenancy and Land Reforms Act between two learned single Judges of this Court, a third Judge has referred the following substantial question of law for decision by the Division Bench : "What is the effect of proviso added towards the end of sub-section (9) of Section 104 of the H.P. Tenancy and Land Reforms Act, 1972 by the Amendment Act No. 6 of 1988 - whether it takes away the vested rights of persons which had vested in them automatically under the provisions of the Principal Act which was in force till the Amendment Act came to be legislated?" The H.P. Tenancy and Land Reforms Act (hereinafter referred to as the Act) was passed by the Himachal Pradesh Legislature on 22nd December, 1972. This Act received the assent of the President of India on 2nd February, 1974 and was published in the Himachal Pradesh Rajpatra (Extraordinary) on 21st February, 1974. It came into force at once. Section 104(3) of the Act reads as follows:— "(3) All rights, title and interest (including a contingent interest, if any) of a landowner other than a land-owner entit













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