BRIJRAJSINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) ONLY 'question raised by this petition under Articles 226 and 227 of the Constitution is whether the Board of Revenue had erroneously refused to exercise jurisdiction vested in them by law under section 5 of the Limitation Act to the appeal filed before them under section 29 of the Madhya Bharat Abolition of Jagirs Act, No. 28 of 1951.

(2.) THE Board of Revenue held that there is no provision in the Madhya Bharat Abolition of Jagirs Act for condoning delay caused in presenting an appeal to them within the period allowed by law and that in the absence of specific provision in the said act principle of section 5 of the Limitation Act cannot be applied.

(3.) IN order to appreciate the contention it will be useful to refer to relevant provisions of the Indian Limitation Act, those of the Madhya Bharat Abolition of Jagirs Act and the Madhya Bharat Land Revenue and Tenancy Act.