KANHIYALAL Vs. RAMSUKH

JUDGEMENT

(1.) THIS is a revision application under sec. 26 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act,1951against an appellate order of the Divisional Commissioner Kotah, dated 11-5-54 upholding the appellate order of the Collector, Kotah which in turn upheld the original order of the Assistant Collector in a case relating to redemption of the land in dispute.

(2.) WE have heard the learned counsel appearing for the parties and have gone through the record as well. The facts of the case have been set out at length in the order of the learned Commissioner and need not be repeated here. The only ground on which the validity of the lower court's order has been challenged before us is that the application for redemption of land should have been treated as being one under sec. 8 of the Transfer of Property Act and that the procedure followed in the case is entirely different from that laid down in secs. 62and 63 of the Revenue Circular No. 3 of the former Kotah State. It has been replied on behalf of the opposite party that the procedure prescribed by the former Kotah State circular stands abrogated by sec. 2 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 and that Item 5, Group D, Schedule I of the Act authorises an S. D. O. to entertain an application of this nature.