GENDU BIOSAN LODHANDE Vs. SHAMRAO AKAJI LOKHANDE

JUDGEMENT

(1.) The respondent filed an application against the petitioner under Section 100 (2) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region ) Act, 1958, for a declaration that the petitioner was not a tenant . In these proceedings an order was made on July 26, 1973 , by the Additional Tahsildar, Balpur, holding that the petitioner was not a tenant of the concerned land. This decision was communicated to the parties on July 312, 1973. The petitioner filed an appeal on October 9, 1973 challenging the decision of the Additional Tahsildar. The appeal filed by the petitioner came up for disposal before the Sub-Divisional Officer, Balapur, who by his order dated January 31, 1974. held that the appeal was barred by limitation. He , therefore, disallowed the petitioner's appeal. The petitioner filed a revision application before the Maharashtra Revenue Tribunal. However, that application also came to be dismissed on September 30 1974. The petitioner has filed the present application challenging that decision.

(2.) The only question in this matter is whether the appeal filed by the petitioner before the Sub-Divisional Officer, Balapur, was within limitation or not.

(3.) The dates relevant for the consideration of the question of limitation are these: The decision of the Additional decision was communicated on July 31, 1973. In this petition the petitioner has made a specific averment that he required 11 days for obtaining the certified copies of the judgment of the Additional Tahsildar. In this return filed on behalf of the respondent, there is no denial of this averment. When the petitioner filed a revision application before the Maharashtra Revenue Tribunal, he had made a specific statement that he required 11 days for obtaining the copies of the Judgment Mr. Gordey, the learned advocate appearing for the petitioner, submits that if these 11 days required for obtaining the copies are excluded, the appeal is well within limitation. Section 114 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region ) Act , 1958 provides a period of limitation of 60 days for filing an appeal. It also provides that the provisions of Section 12 of the Limitation act would apply to the filing of an appeal and an application for revision. Under Section 12 of the Limitation Act the days required for obtaining certified copies of the judgment against which an appeal is to be filed are excluded while computing the days for limitation. It, therefore, follows that the petitioner is entitled to 11 days. His appeal filed on October 9, 1973 cannot be barred by time. In view of the fact that the statement made by the petitioner in this petition are not denied and there is no other statement made on behalf of the respondent to challenge the statement of the petitioner, it will follow that the petitioner required 11 days for obtaining the copies. The appeal will, therefore, be within limitation.