DROPADI Vs. JAYENDRA SINGH

JUDGEMENT

(1.) JAYENDRA Singh, minor son of Rajaram under the guardianship of Maharajsingh, presented an application to the Deputy Compensation Officer under Sec. 13 of the Madhya Bharat Zamindari Abolition, Act (Act No. 13 of 1951), alleging that Mst. Dropadi, whose name was entered in the Khewat as the heir of her uncle Gambhir singh, is not entitled to receive the compensation because she had remarried, and, that he being the nephew was entitled to receive compensation of the disputed Zamindari. This dispute was referred to the Claims Officer, who dismissed the application of the minor. Against this an appeal was filed before the Revenue Board and the Board remitted the case to the Claims Officer for rehearing. Against this order, Mst. Dropadi has filed this petition under Article 227 of the Constitution of India and the main ground urged is that the Revenue Board had no jurisdiction to entertain the appeal.

(2.) SECTION 13 of the Zamindari Abolition Act runs thus; -

(3.) THE learned counsel for the non -petitioner contends that section 29 of the Madhya Bharat Zamindari Abolition Act has provided an appeal against the order of the Claims Officer and so the appeal to the Board was competent. Section 29 of the Act reads thus : -