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(9) As already stated, the land in dispute consists of Khasra Nos. 10 to 19, Khasra No 10 is shown-in the jamabandi (Ex.PA) for the year 1904-65 as measuring 5 Bighas and 19 Biswas, and its described as "ghasnies trees". The said Khasra Number has been subdivided into 10/1, 10/2, 10/3 and 10/4. The area of 10/1 is shown as 3 Biswas in the Tatima (Ex. CW-2/B and is described as 'gair-mumkin compound". The learned Compensation Officer stated in his order that CW-2, Banka Ram Patwari. who prepared the Tatima stated in his cross-examination that the residential quarters of the Mali is situate in part of Khasra No. 10/1. It is more convenient to consider this sub-division No. 10/1 along with Khasra No. 11 which is stated to contain a cattle-shed in which the Mali is stated to reside. Sub-division No. 10/2 is shown in the Tatima (Ex. CW-2/E) as measuring 13 Biswas, and is described as "ghasni". Sub-divison No. 10/3 is shown in the Tatima (Ex. CW-2/G) as measuring 3 Bighas and 11 Biswas, and is described as "ghasni". Sub-division No. 10/4 is shown in the same Tatima as measuring 1 Bigha and 12 Biswas, and is described as "ghasni". Thus, a major portion of Khasra No. 10 is 'ghasni" and only 3 Biswas therein, is "compound'. A ghasni is speicifically included in the definition of "land", and. therefore, sub-division Nos. 10/2, 1013 and 10/4 of Khasra No. 10 are clearly "land" within the meaning of the Act.
(10) Khasra No. 16 is shown in the Jamabandi (Ex. PA) and in the Khasia girdawari (Ex CW.2/C) as measuring Bighas and 1 Biswas, and is described as an "orchard". An orchard is clearly included in the definition of "land" and, therefore, Khasra No. 16 has to be held to be land within the meaning of the Act Khasra No. 13 is shown in the Jamabandi (Ex.PA) as measuring 10 Biswas, and is described as "gair-mumkinabadi". In the Tatima (Ex CW-2/A), it is described as "gair-mumkin Kothi". The question for consideration is as to whether the Khasra number on which the Kothi is situate is land within the meaning of the Act It is true that a land which is occupied as the site of any building in a town or village is excluded from the definition of 'land" in Section 2(1) of the Act. But, clause (a) of Section 2 (5) includes "the sites of buildings and other structures on such land" within the definition of "land" for the purposes of the Act. The question then is whether Khasra No. 13 is a site of a building in a village; All the Khasra Nos. 10 to 19 are situated outside the village Chharabra Neither the Jamabandi (Ex. PA) nor the Khasra-girdawari (Ex. CW-2/C) shows Khasra number 13 as an "abadi" in the village of Chharabra. In column 6 of the Jamabandi there is a note that rent under Section 39 of the Act is fixed at one-fourth of the produce, and in column 7 a sum of Rs 12.34 is. mentioned as the land-revenue fixed for all the Khasra Nos 10 to 11" No rent or land revenae would be fixed for Khasra No. 13 it is an "abadi" situate in the village and it would not be shown as being in the ownership of anyone, but it was mentioned in column 2 of the Jamabandi (Ex. PA) that the Provincial Government, Himachal Pradesh, was the owner of all the Khasra numbers including Khasra No. 13. It is, thus, clear that all the Khasra numbers including Khasra No. 13 are situate outside the village Chharabra, and Khasra No. 13 is not an "abadi" in the village Chharabra. The said Khasra No. 13 is, thus, situate outside the village Chharabra, but in the midst of the various Khasra Nos. 10 to 12 and 14 to 19 two of which have been shown to be ''land" within the meaning of the Act. Khasra No. 13 is (thus a sits of building or structure on land within the meaning of clause (a) of Section 2 (5) of the Act. No doubt, the Khasra Number contains a large building which is used as the residence of the appellant. But, the size of the building is just in keeping with the status of the appellant, and merely because the building is large in size it cannot be held that the Khasra number ceased to be a site of building or structure within the meaning of clause (a) of Section 2(5). Khasra No. 13 has, therefore, to be held to be "land' within the, meaning of the Act notwithstanding the existence of a fairly large building or structure on it. Khasra No. 11 is shown in the Jamabanai (Ex PA) as measuring 4Biswas, and is described as ''gair-mumkin abadi". in the Tatima (Ex. CW-2/A) this sub-division is described as "gair-mumkin abadi for the residence of Mali " CW.3/A is a list of trees standing in various Khasra numbers prepared by the Patwari, Banka Ram. In this list, Khasra No. 11 is described as;"cow-shed". Banka Ram Patwari (C.W.-2) stated in his evidence that according to spot inspection there Is a cow-shed on Khasra No 11 in which implements, wood. etc., have been kept. He also stated that the residential house of the gardener (Mali) is constructed on part of No. 10/1. Thus Khasra Nos. 10/1 and 11 contain a cattle-shed and the residence of the Mali. The learned District Judge observed in his judgment that the Mali looks after the entire estate and not merely the garden There is no evidence at all in support of that statement. The learned District Judge also observed that there is no evidence that the cattle-shed was used for tying cattle for agricultural purposes and not merely for the domestic cattle. The cattleshed is situate in the midst of the various Khasra numbers which contain "ghasni". etc. Therefore, even if the cattle-shed is used for the domestic cattle of the appellant, the Khasra Nos. 10/1 an I it would still be sites of buildings or structures such as are mentioned in clause (a) of Section 2 (5), in view of the fin; ing given above that the appellant, is living in the building of Khasra No. 13 as a tenant Khasra No. 12 is shown in the Tatima (Ex.CW-2/A) as measuring 3 Biswas, and is described as "gair-mumkin abadie kitchen ". It is adjacent to the Kotni.and the Khasra number would, therefore, be a site of building or structure within the meaning of clause (a) of Section 2 (5) and as such is "land" within the meaning of the Act. Khasra No. 1 is shown in the Jamabandi (Ex P.A) as measuring 1 Bigha and 4 Biswas and is described is "gair-mumkin abadi " In the Khasra girdawari (Ex C W-2/C) it is described as "gair-mumkin road" .The road is obviously a kind of passage leading from the Kothi to the orchard and other lands around. This Khasra number also is thus an adjunct to the Kothi for the use of the appellant, and hence 'land". Khasra No 15 is of the extent of 2 Biswas, and is described in the Jamabandi as "gair-mumkin tank". But. the learned Compensation Officer and the learned District Judge have found that it is no longer being used as a tank and is being used for cultivation As such, this Khasra Number also would be "land" within the meaning of the Act. Khasra No. 17 is shown in the Tatima 'Ex CW-2/A) as measuring 4 Biswas, and is described as "gair-mumkin abadi" in which there is no residence. This Khasra number also being outside the village is a site of building within the meaning of clause (a) of Section 2 (5) of the Act, and as such is 'land" within the meaning of the Act. Khasra No. 18 is stated to be of an extent of 7 Bisws and is described as "road". This again is a kind of passage from the Kothi to the various Khasra numbers around, and as such is land used or occapred for agricutural purpose or for purpose subservient to agriculture. Lastly, Khasra No. 19 is shown in Jamabandi (Ex PA) an measuring 18 Bighas and 2 Biswas, and is described as "gair mumkin open space." In the Tatima (Ex CW-2/F), this Khasra number is sub-divided in 19/1 and 19/2. 19/1 is shown as measuring 1 Biswa and is described as "gair-mumkin open space in the new form gair mumkin tank", while 19/2 is shown as measuring 18 Bighas and 1 Biswa, and is - described as "gair-mamkin open space." Thus, only 1 Biswa in Khasra No. 19 is a Tank, and the rest is stated to be open space. It is in the evidence of Banka Ram, Patwari, (CW-2), that on Khasra No 19/1 a water tank has been constructed by the Municipal Committee, and it is stated by the learned District Judge that the tank is now one of the sources of water supply to Simla This Khasra No. 19/1 measuring about 1 Biswa would not be "laid" within the meaning of the Act As regards Khasra No. 19/2, Ex. CW-3/A, a list of trees prepared by the Forester and the Patwari, shows that there are about 571 trees thereon. The Mali (Public Witness 1) and the Range Officer (CW-2) also deposed to the same effect. The appellant has been in possssion of the said Khasra Number with the trees thereon. As held in Pavadai Pathan and another v. Ramaswami Chetin and Commissisner of Income-tax Weft Bengal Calcutta v. Bonoy Kumar Sahas Roy, the term "agriculture" is of wide connotation and includes land with trees planted thereon, It is in the evidence of the Mali that the said trees were planted by him and the Chowkidar on the instruction of Major General Thomson, the father of Mrs .L.C. Thomson. It is, therefore, clear that Ktiasra No. 19/2 is "land" within the meaning of Section 2 (51 of the Act.