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1965 Supreme(P&H) 305

S.S.DULAT, HARBANS SINGH, J.S.BEDI
Kidar Nath Sharma – Appellant
Versus
Rattiram Mangli – Respondent


Judgment

Harbans Singh, J.

1. By order dated 22nd of January. 1964, in Regular Second Appeal No 247 D of 1962, passed by Justice Gurdev Singh the following two questions were referred to a larger Bench:

"(1) Whether a Revenue Assistant can declare bhumidars under Section 13 (1) of the Delhi Land Reforms Act 1954. without there being a notification of the Chief Commissioner in his favour empowering him to discharge all or any of the functions of the Deputy Commissioner under the Act ? and

(2) Whether a non-occupancy tenant, who is not a tenant in Shahdara Circle could be declared bhumidar under Clause (f) of Sub-section (1) of Section 13 of the Delhi Land Reforms Act. 1954?"

Regular Second Appeal No. 248-D of 1962 is connected with this appeal and three other appeals (Regular Second Appeals Nos. 138-D and 149 D of 1961 and 334 D of 1962). in which similar questions of law arise, have also been ordered to be heard along with the main appeal. As this Bench is required only to record answers to the two specific questions referred, it will not be necessary to go into the peculiar facts of each case which will be taken up before the learned Single Judge before whom these appeals will go a















































































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