MAHMOODUNNISSA BEGUM Vs. GOVERNMENT OF HYDERABAD

JUDGEMENT

(1.) This is an appeal on behalf of the claimant under Section 43 of the Hyderabad Land Acquisition Act, and it is directed against the judgment of the Chief Judge, City Civil Court, dated 21st April, 1953, refusing to entertain the reference under Section 14 of the aforementioned Act, on the ground that the Collector had no jurisdiction to refer the award because the application under Section 14 was barred by limitation.

(2.) In order to appreciate the question involved in this appeal it may be stated at the outset that the Collector gave the award on 28th Isfander 1346 F. in the absence of the appellant and her advocate. The advocate for the appellant came to know of the delivery of the award on 10th Farwardi 1346 F. The appellant applied for a copy of the award on 10th Ardibehisht 1346F. and obtained the same on 30th Ardibehisht 1346 F. The application under Section 14 of the said Act was made on 21st Khurdad 1346 F. whereupon the Office of the Collector made a report to the effect that if the time spent in obtaining the copy of the award were excluded, the application would be within time. The Collector on 12th Thir 1346 F. on this report, ordered that if the application was within time the case be referred to the Court. While proceedings were being taken up by the Court, it was objected on behalf of the respondent that inasmuch as the application for reference to the court was beyond time, the Collector had no power to refer it to the Court, and for the matter of that, the Court had no jurisdiction to entertain the reference. The learned Judge of the Court below, relying on a number of authorities decided by Indian Courts, held that the application for reference being beyond time it should not be referred to the Court as was contended on behalf of the respondent, therefore he dismissed the reference.

(3.) The learned Advocate for the appellant contended that no question of limitation under Section 14 of the said Act arose in the present case inasmuch as the statutory notice under the provisions of Section 11 was given to the appellant. We find force in this contention. Upon a perusal of the record it would appear that the inquiry ended on 7th Asur 1346 F. and the file was ordered to be posted on 14th Asur 1346 F. But it does appear whether on the latter date the file was put up or any proceedings taken though it is evident that on 28th Isfandar 1346 F. the award was given in the absence of the parties. Section 10 of the Hyderabad Land Acquisition Act, hereinafter to be referred as the Act, provides :