DASMAT W/O JHADU KAHAR Vs. GANESHRAO RAGHUNATHRAO

JUDGEMENT

(1.) THIS order will govern Appeal Nos. 5 and 6/XII -1/57, the Respondent being common in both the cases.

(2.) BOTH the Appellants applied under Section 41, C.P. Tenancy Act for conferral of occupancy rights on an area of 4.15 acres of K. No. 3779 in village Eatanpur, tahsil Bilaspur. Their applications were rejected by the Sub -Divisional Officer, on the main ground that the lease in question having been made prior to 1939 the Appellant was not entitled to the benefit of Section 41 (1) of the C.P. Tenancy Act. He also held that out of two Respondents, one was woman and the other a minor and, therefore, in accordance with the proviso to Section 41 no presumption of sub -letting could be raised against them. An appeal by the present Appellants before the Deputy Commissioner also failed on the ground:

(3.) THE first point relates to the tenability of the appeal before the Deputy Commissioner on grounds of limitation. It is an admitted position that the appeals should have been filed before him on 9 -9 -53 but were actually preferred on 14 -9 -1953 (12th and 13th September being holidays). Thus the Appellants were called upon to explain the lost days, i. e. 9th, 10th or 11th September. They advanced the plea that the delay was due to the mistaken advice of their pleader's clerk that the last day for filing the appeals was 12th September.