TULSIRAM Vs. BADRI

JUDGEMENT

(1.) This is a revision against an appellate order of the Additional Settlement Commissioner, Rajasthan, Jaipur dated 23 -3 -1955 in a case relating to entries in the parcha chakbandi.

(2.) We have heard the parties and have examined the record as well. We feel constrained to observe that the procedure adopted by the A.S.O. in deciding the case is contrary to all principle of natural justice. The entry was originally made in the name of the applicant, but at the objections raised by the opposite party the entry was amended without any notice being given to the applicant or an opportunity being afforded to the applicant to put up his case before the A.S.O. This procedure is extremely arbitrary and fanciful and cannot be upheld. The Settlement Officer refused to examine the aspect of the case on the ground that the village Panchayat by its kaifiyat supported the decision. This was equally objection able. The case ought to be decided on legally admissible evidence and not on upon any reports or recommendations which do not come within the definition of evidence. As there has bean a grave irregularity in the exercise of the jurisdiction by these sub -ordinate courts we would allow this revision, set aside the order of the lower court and remand the case to the A.S.O. with the direction that it be tried afresh in accordance with the observations made above.