RAJARAM Vs. RANI JAMIT KUNWAR

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent arises cut of a decision of the learned Single Judge (Kotval J.) who on a petition made by Rani Jamit Kunwar Devi (respondent 1) under Article 226 of the Constitution, quashed an order dated 19 June 1952 passed by the Additional Deputy Commissioner, Durg (respondent 2) and another affirming order dated 30 March 1955 passed in appeal by the Board of Revenue (respondent 3).

(2.) THE facts of the case, briefly stated, are these. A -/13/4 share of village Mardel together with 46 -72 acres of khudkasht land in dispute was owned by one Chhabilal who, by a deed dated 29 July 1941, mortgaged with possession the village share along with the khudkasht land to Gaurishanker and Rajaram (appellant 1). Thereafter, on 7 April 1945, Chhabilal sold the village share to Rani Jamit Kunwar Devi who undertook to satisfy the mortgage out of the consideration payable for the sale.

(3.) THE learned Single Judge held that the order passed by the Additional Deputy Commissioner, Durg, in review of his earlier older was without jurisdiction and that, even on merits, Gaurishanker and Rajaram had no case. The view taken by the learned Single Judge has been challenged in this appeal.