BHERA Vs. MANAGER MEWAR SUGAR MILLS LTD

JUDGEMENT

(1.) BOTH these revisions arise out of a single appellate decision of the Additional Settlement Commissioner, Rajasthan, Jodhpur in a case relating to entries in the settlement records and shall be disposed of by this judgment.

(2.) WE have heard the learned counsel appearing for the parties and have examined the record as well. The facts of the case are not much in dispute. During the settlement operations, a dispute arose between the parties as regards the status of the applicants. The Settlement Officer by his decision dated 12-5-49 Fard Tanaza decided the status of the applicant as Shikmi. Unfortunately, the decision was not couched in a happy phraseology. The wordings are as follows: - "shikmis of this type having a standing of more than three years cannot be ejected under the provisions of the new Ordinance. " It is however clear that this decision was interpreted to mean that the applicants were to be treated as Shikmis and they were to be so recorded accordingly. In 1952, the opposite party applied before the Record Officer that the applicants should be recorded as Sijaries relying upon some departmental circular letter, dated 3-12-49. The Record Officer rejected this application on the ground that as the matter had already been decided by a Fard Tanaza by his predecessor and as no appeal was filed against it, and as all the records had been completed, he had no jurisdiction to re-examine the case. The opposite party went up in appeal against this decision before the Additional Settlement Commissioner who allowed the same and directed in effect, that the applicants should be entered as Sijaries. Hence this revision.