GHURE Vs. BOARD OF REVENUE RAJ

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India.

(2.) RESPONDENT No. 4 Badley instituted a suit for cancellation of notice of ejectment in the court of Collector, Bharatpur, against Ghure, the landlord, who had given the notice of ejectment. The suit was dismissed. On application by Ghure, Badley was dispossessed some time in 1943. On second appeal by Badlay the case was remanded for fresh trial. The suit was again dismissed by the Collector, but on appeal the Revenue Commissioner allowed the appeal, and gave a decree upholding the rights of Badley as occupancy tenant, and declared him not liable to ejectment. The date of the decision was 19th March, 1947, Ghure filed an appeal to the Board of Revenue, which was dismissed on 1st February, 19 49, and a review petition was dismissed on the 12th July, 1919. Badley made an application to the Assistant Collector Deeg, for compliance with the decree in the suit on the 16th of August, 1951. The Collector directed the correction of the entries in the revenue record by entering him as an occupancy tenant; but the directed Badley to make an application for restitution in order to get back the possession of land. He applied on 21st February, 1952. The Assistant Collector rejected the application as; being time-barred. On appeal the Additional Commissioner held that the period of limitation was three years from the last date of judgment under Art 182 of the Limitation Act, and computed that period from the 12th of July, 1949, and held the application within time. Ghure's appeal to Board was dismissed on 3rd January, 1955.