HARI SINGH Vs. SMT. BHAKHTWARI

JUDGEMENT

(1.) THIS reference has been made by the Addl. District and Sessions Judge, Meerut, against the order of the SDM, Mawana, district Meerut. The facts giving rise to this reference lie within a short compass:

(2.) I fully endorse the view expressed by the 'earned Sessions Judge. The Magistrate completely misdirected himself by holding that the limitation was to be counted from the date of the order. Since this was an order which determined the rights of the parties and cast a liability on the Applicant it was essential for the ends of justice that the party effected thereby must have been apprised of it. In the circumstances the proper course was that the limitation should have been reckoned from the date of the knowledge of the order to the aggrieved party. I am supported in the view that I am taking by a decision of the Andhra Pradesh High Court in Zohra Begam v. Mohammad Ghousa : AIR 1966 AP 50 which has followed the principle laid down by the Supreme Court in Harish Chandra v. Deputy Land Acquisition Officer, 1961 AWR 500.