SHAMBHU NATH SINGH Vs. MALTI DEVI

JUDGEMENT

(1.) Interlocutory Application No.4673 of 2018 Having heard learned counsel for the appellant, we are satisfied that sufficient cause has been shown and we accordingly, condone the delay and treat the appeal within time.

(2.) The application is allowed accordingly. Re.: Letters Patent Appeal No.464 of 2018 The learned Single Judge under the impugned judgment has arrived at the conclusion that the learned Additional Member, Board of Revenue committed an error in accepting the claim of the appellant which was a right of pre-emption and was a weak right in the given circumstances of the case. Accordingly, the writ petition filed by the respondent-petitioner was allowed and the order of the Board of Revenue was set aside.

(3.) In the background of the aforesaid, it is urged that even the cancellation deed which was earlier executed would not extend any benefit to the respondent-petitioner and hence, the learned Single Judge committed an error in quashing the order of the Board of Revenue that had restored the right of pre-emption of the appellant.