WASUDEO MAHADEO WATTAMWAR Vs. GOVINDSINGH RUPSINGH THAKUR

JUDGEMENT

(1.) THE petitioners in this case applied to the Tahsildar for resumption of land on the ground of personal cultivation against the respondent Govindsingh. The tenancy Naib Tahsildar reiected the application by order dated 15-4-1963 on the ground that the petitioners had acquired the land by transfer after the 1st day of August 1953 and the rights of the respondent as a protected lessee had come into existence before the transfer of the land. This order was challenged in appeal before the Collector by the petitioners. The appeal was fixed for hearing before the Special Deputy Collector on 13-4-1964 on which date the petitioners remained absent. The appeal was, therefore dismissed in default on 13-4-1964.

(2.) THE petitioners then put in an application on 21-4-64 for restoration of the appeal on the ground that the petitioner No. 1 Wasudeo was ill on 13-4-1964 and. therefore, was unable to attend the Court on that day. The petitioner No. 2 is a minor and his interests were looked after by the petitioner No. 1. The petitioners had engaged Mr. Nashikkar advocate to represent them. He also did not attend the hearing of the appeal when it was called as he was said to be busy in some other Court, This application came for hearing on 25-5-1964. On that date also neither the petitioners, nor their counsel was present and the said application was also dismissed in default on 25-5-64.

(3.) ANOTHER application was filed by the petitioners on 16-6-1964 for restoring the application dated 21-4-1964 to file. It was alleged that on 25-5-1964 when the first application for restoration of the appeal to file came for hearing and was dismissed in default, the petitioner no. 1 had in fact gone to Amravati for attending the hearing of that application but through mistake he attended the wrong Court instead of attending the Court where the application was to be heard and there was thus good cause for his non-appearance before the Court. This application dated 16-6-1964 was dismissed on 31-8-1964. The Special Deputy Collector did not consider that the cause shown by the petitioners for their absence on 25-5-1964 was sufficient to condone the absence at the hearing on that day.