RANDHIRSINGH RATANSINGH Vs. SWARUPSINGH

JUDGEMENT

(1.) THIS is an application for revision against the order of the Addl. Commissioner, Gwalior Division, dated 15-6-64 in Appeal No. 406/63-64 under which he had dismissed the applicants' second appeal and affirmed the decisions of the lower Courts allotting some behad land to the non- applieant No. 1 under section 101 (2) of the M. B. Land Revenue and Tenancy Act.

(2.) THE only point involved in this revision is whether an application for allotment of behad land is to be treated as incomplete unless it is accompanied by the requisite deposit in accordance with Rule 5 (1) of the rules framed under section 101 (2) of the Act. Non-applicant No. 1 in this case has been given priority under Rule 6 of the rules although his application was received later than that of the applicants. It seems that the applicants' application which was filed earlier was not accompanied by the requisite deposit, and the deposit was made on a later date after the application of N. A. 1 was received along with the necessary deposit. THE lower Courts have held that the applicants' application shall be deemed to have been filed on the date on which it was completed with the necessary deposit.