STATE OF RAJASTHAN Vs. SHRI MAHARAJKUMAR YASHWANT SINGH

JUDGEMENT

(1.) THIS is an appeal with regard to the item relating to the sale of abadi land mentioned in the final award passed by the Jagir Commissioner, Jaipur on 29-4-60 and reviewed by him on 20-9-62.

(2.) THE counsel for the respondent has raised a preliminary objection to the effect that the appeal is time barred in view of the fact that the final award was passed on 29-4-60 and the present appeal has been filed on 12-12-62. His contention is that in this case the limitation will not run from 20-9-62 the date of review order, because in the review order the item relating to income from sale of abadi land which is the subject matter of the present appeal has not been discussed or varied. In this connection he relies on State versus Ranjeet Singh (Appeal No. 34/nagaur/60) decided by the Board of Revenue on 28-8-62 in which, under similar circumstances, it was observed as follows: "the items under contest have remained the same and did not even form part of the jagir of the Riya Thikana, the claim whereof has resulted in the present order in appeal. THE State Government's appeal cannot. , therefore, be taken to be within time about these items,, they having been determined as far back as 1957 and no appeal having been preferred by the State Government against that award. "