BADAMI Vs. STATE

JUDGEMENT

(1.) The brief facts of the case are that escheat proceedings with regard to Sanwalia were dropped long ago. Mst. Badami widow of Nekram and Mst. Ramdei widow of Murli requested the restoration of the property taken into custody during escheat proceedings. The then Collector Bharatpur vide his order dated 3.12.59 asked both the claimants to obtain the declaration of their rights from the competent civil court. Mst. Ramdei came in appeal before the Board of Revenue. It was then held by the Board of Revenue vide its order dated 24.5.60 that as per provisions of law the property must be restored to the person from whose possession it was taken.

(2.) The learned Collector heard the parties and came to the conclusion that the property was in possession of Mst. Ramdei when it was taken over. Hence he ordered on 26.4.62 to release the property in favour of Mst. Ramdei.

(3.) Mst. Badami filed an appeal against this order of the Collector dated 26.4.62 before the Revenue Appellate Authority Kota on 11.6.62 who returned it on 9.8.62 as it was not within his jurisdiction to hear this appeal. Shri Badami therefore presented this appeal before the Board of Revenue on 13.8.63 along with an application under sec. 5 and 14 of the Limitation Act.