RAMACHANDRA GOVIND JADHAV Vs. RAMA BALA PATIL

JUDGEMENT

(1.) In these two petitions, a common question of law arises and therefore they are disposed of together.

(2.) The petitioner, who is common to both the petitions, is aggrieved by a common order made by the District Judge at Belgaum in MA. Nos, 40 and 41 of 1970. By that order the learned District Judge, functioning as an appellate authority under S.3 of the Mysore Village Offices Abolition Act, 1961 (hereinafter referred to as the Abolition Act), dismissed the appeals on the ground that they were barred by time. In doing so, he" rejected the, applications filed on behalf of the petitioner herein under Sections 5 and 14 Limitation Act. principally on the ground that the Limitation Act would not be applicable to the proceedings and that he was funcing as a persona designata for the purposes of that Act. Aggrieved by this common order, the petitioner has approached this Court in these two petitions.

(3.) On behalf of the petitioner, it was not seriously disputed that the District Judge functioning pursuant to sub-sec. (2) of S.3 of the Abolition Act was indeed a persona designate and not a Court and in that view, the Limitation Act, unless expressly made applicable, would not be attracted. But the contention urged on behalf of the petitioner is that the provisions of the Bombay Land Revenue Code, which was the Code in force in the area concerned, would be attracted to the case. In that view, the Limitation Act, having been made applicable to the proceedings under that Code, would be attracted to the instant case also. In support of such a submission, reliance is placed on the definition of the word 'Code' occurring in S.2(1) (c), and Ss. 2(2) and 5 of the Abolition Act. It is no doubt true that the 'Code' has been defined as referring to the appropriate Land Revenue Codes of the Mysore area, Bombay area, Hyderabad area, Madras area and Coorg District. Section 2(2) lays down that in so far as the other words and expressions used but not defined in this Act were concerned, they shall have the same meaning assigned to them in the Code." S 4 (3) provides for the applicability of the provisions of the 'Code' and the rules and orders made thereunder in so far as it concerns the levy and payment of the land revenue , in respect of the lands dealt with by the Abolition Act. S.5 once again refers to the applicability of the provisions the 'Code' in regard to the payment of the land revenue. But reliance is placed on a part of this section which reads thus :