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2006 Supreme(HP) 188

RAJWANT SANDHU
SEWAK RAM – Appellant
Versus
NAND LAL – Respondent


Advocates Appeared:
Shri N.K Sharma, Advocate counsel for Petitioner. Shri Shiv Ram, Advocate counsel for Respondent No. 1.

ORDER

1. This revision petition has been filed against an order passed by the Divisional Commissioner, Mandi on 31.01.2005 vide which he has allowed the appeal field by the present respondent No.1 against an order of the Sub Divisional Collector, Chachiot.

2.Brief facts of the case are that the Assistant Collector, 2nd Grade, Chachiot attested a mutation No.76, dated 30.7.1975 conferring the proprietary rights upon the respondents of land situated in village Gadhiman Tehsil Chachiot, District Mandi. The present respondent No.1 filed an appeal against this before the Sub Divisional Collector on the ground that initially, the mutation had been entered for the entire khata and land measuring 05-02-16 bighas was sanctioned in favour of the occupancy tenants. The Sub Divisional Collector dismissed the appeal on 27.10.1997 holding that the mutation has been challenged after a lapse of 15 years and therefore the appeal is t,ime barred. The respondent No.1 filed a further appeal before the Divisional Commissioner, Mandi who allowed the same holding that the mutation was attested behind the back of the present respondent No.1 and also that the mutation sheet had a numbers of cuttings and the




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