JAI SINGH Vs. TH SOBHAG SINGH

JUDGEMENT

(1.) THIS writ petition has been referred for decision to a Full Bench along with C. B. Civil writ Petition No. 4/57 as some common important questions of law arise in them. As however the facts in the two cases are different, it will be more convenient to deal with the two cases separately.

(2.) D. B. Civil Writ Petition No. 187/56 is directed against an order of the Board of Revenue dated 12. 9. 56 refusing to sanction Matmi in favour of Jai Singh petitioner and sanctioning it in favour of Sobhag Singh respondent No. 1 in respect of the Jagir held by one Sabal Singh who died in 1948.

(3.) THE case of the petitioner is that the Board of Revenue committed errors apparent on the face of the record and their decision should be quashed by this Court under Art. 226 of the Constitution. All the grounds on which the Judgement of the Board of Revenue was attacked before us were not taken in the petition. But new grounds were allowed to be raised by the Division Bench before which the case came up fore hearing and which made the present reference. THEse grounds were mentioned in the order of reference and the parties had full notice of them when the case was argued before us.