STATE OF RAJASTHAN Vs. ALLADVAUA AND ORS.

JUDGEMENT

(1.) WE have heard learned Counsel for the parties also on merit. The appellant has challenged the orders passed by the Board of Revenue [Annexure 6] and the Revenue Appellate Authority [Annexure 3] which is passed on the merit about the claim raised by the respondent in respect of land in question finding him to be Khatedar tenant as heir of Pari Khan, the original Khatedar. The revision has been dismissed by the Board of Revenue solely on the ground that the revision petitioner has not explained day to day delay of three days.

(2.) WE are of the opinion that it is now well settled that if there is sufficient reason for not preferring the appeal/revision within limitation then thereafter it is not essential to explain day to day delay provided the appellant has acted bonafidely and within reasonable time.

(3.) ACCORDINGLY , the appeal is allowed and the judgment under appeal is set aside. As a result of the aforesaid discussion, the order of the Board of Revenue [Annexure 6] dated 24.07.2002 is set aside and the matter is remitted back to the Board of Revenue to consider it afresh in accordance with law on merit. No orders as to costs.