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1969 Supreme(HP) 3

D.B.LAL
Mandir Shivji Maharaj Darla – Appellant
Versus
Negi – Respondent


Advocates:
K.D. Sud, for Petitioner; R.K. Gupta, for Respondents.

Judgement

JUDGMENT:- This is a second appeal under Section 104 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter to be referred as the Abolition Act), and has been directed against the decision dated 10th October, 1969 of the District Judge, Mahasu.

2. Dhumi who has since died and whose legal representatives are Negi and six others, respondents in this Court, applied to the Compensation Officer under Section 11(1) of the Abolition Act for acquisition on payment of compensation, the right, title and interest of the land-owner whom they described as "Shri Mandir Shivji Maharaj Darla through next friends Jagat Ram, Jagar Nath, Masat Ram, Dittu and Amar Chand Tehsil Arki, Mahasu District." The dispute related to 11-16 bighas area of 25 plots specified in the petition and situatd in village Darla of the Tehsil of Arki. The petition was contested by the appellant-landowner on the allegations, that the petitioners were not the tenants, that the land itself could not be defined so as to attract the provision of Section 11 of the Abolition Act, that the temple as such could not be proceeded against because it is not a juridical person; and that th













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