MURTOO DEVI Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE petitioners approached the Assistant Collector First Grade, Kasauli for correction of entries in the revenue record. These proceedings were entertained as Suit, under Section 58(3)(e) of the H.P. Tenancy and Land Reforms Act, 1972. The issues were framed by learned Land Reforms Officer, Tehsil Kasauli on 20.08.1994. Learned Land Reforms Officer, Tehsil Kasauli passed the judgment and decree in favour of the petitioners on 03.03.1997. The petitioners were declared as non -occupancy tenants on the land comprising Khasra Nos. 7,8,9,10,17/13, 11 & 14 plots 7, measuring 13 -14 bighas, situate in Village Dwali, Tehsil Kasauli, entered in Khewat No. 1, Khatauni No. 1 of Jamabandi for the year 1992 -93.

(2.) THE respondent No. 2 filed an appeal bearing No. 4/07 of 1998 against the judgment and decree, dated 03.03.1997, before the District Collector, Solan, District Solan, H.P. alongwith an application, under Section 5 of the Limitation Act, 1963, for condonation of delay. The petitioners filed a detailed reply to application under Section 5 of the Limitation Act, 1963. The District Collector, Solan District, Himachal Pradesh dismissed the appeal on 25.09.2001.

(3.) MR . Bhupender Gupta, learned Senior Advocate, has vehemently argued that respondent No. 1 has condoned the delay in filing the appeal merely on the basis of conjectures and surmises. He also argued that the facts taken into consideration by the learned Financial Commissioner, were not even stated in the application for condonation of delay in filing the appeal. According to him, the grounds mentioned in the application were insufficient to indicate good and sufficient cause for condonation of delay in filing the appeal. He further contended that the respondent No. 2 was fully aware of the judgment and decree passed by the Land Reforms Officer, dated 03.03.1997. He lastly contended that the judgments relied upon by the learned Financial Commissioner while condoning the delay, were not applicable in the facts and circumstances of the case.