LAWS(RAJ)-1966-9-11

NARAIN Vs. KALU

Decided On September 23, 1966
NARAIN Appellant
V/S
KALU Respondents

JUDGEMENT

(1.) This revision is directed against the order of the Revenue Appellate Authority, Udaipur dated the 19th March, 1963 under which he upheld the order of the Assistant Collector Vallabhnagar dated the 21st September, 1962.

(2.) The facts of the case in brief are that the non -applicant brought a suit for redemption of agricultural land in the Court of the Assistant Collector Vallabhnagar on 13 -1 -58. During the proceedings an objection was raised by the defendant applicant that as the cause of action had not accrued at that time as the period of redemption having not expired the suit was pre -mature. The trial court did not agree with this contention. An appeal was filed in the court of the Revenue Appellate Authority but i|t met with no success ; hence this revision.

(3.) The main contention raised before me was that both the courts below had gone wrong in holding that the suit was not pre -mature or that the suit of this nature was competent in a revenue court in view of recent ruling of the Rajasthan High Court in Bhera versus Kesar Singh (RLW 1966 page 305).