MOHANMAL Vs. MOTIMAL

JUDGEMENT

(1.) This revision which has wrongly been described as appeal arises out of the following circumstances - - Motimal applied for grant of a Patta under the Marwar Patta Act, in respect of the land in dispute on 17.8.48. After inspecting the site and making necessary enquiries the Patta Committee rejected Motimals request on 10.10.58, on the ground that the land in dispute is situated within a chowk which is used by the residents of the locality as a congregating place in marriages and condolences. It was also observed by the Patta Committee that the request if granted would lead to congestion. Motimal went up in appeal against this decision before the Additional Commissioner, Jodhpur, who by his order dated 25.5.54 remanded the case for further hearing. The Patta Committee again impacted the site and by its order dated 16 -14 -54 rejected Motimals request. Motimal went up in appeal before the Additional Commissioner, Jodhpur who by his decision, dated 24.6.55 granted a Patta for a strip of land measuring 15" x 2" as against the original demand of Motimal, of 15" x 3". Mohanmals has filed this revision against this order designating it as an appeal. Motimal has accordingly field his cross -objection. There being no provision for second appeal under the Marwar Patta Act, Mohanmals appeal has been treated as a revision and Motimals cross -objection has been sub -joined with it.

(2.) We have heard the learned counsel for the parties and have gone through the record as well. It is significant to observe in this connection that as early as 1936 Mohanmal applied for a Patta of the chowk in which the land in dispute is situated and the then Public Works Minister of the former Jodhpur State rejected his application on 11.2.36 with the following observation.