SHRIMATI PREM KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHRIMATI Prem Kumari appellant has filed this appeal against the award made by the Deputy Collector, Jagir, Sawai Madhopur, dated the 2nd February, 1962. A preliminary objection was raised by the Government Advocate that this appeal was presented on 17. 9. 1962 against the award dated the 2nd February, 1962 and was obviously time barred. The appeal is filed under sec. 39 of the Jagirs Act against the date of decision. The appellant's counsel was very much present on the date of the hearing of the case on 2nd February, 1962, The counsel for the appellant Prem Kumari urged by saying that the award was not made on 2nd February, 1962. In fact he was informed through Tehsil on 19th June, 1962 and if the limitation is reckoned from that date, the appeal is within 90 days from the date of intimation.

(2.) WE have considered the arguments advanced from both sides under sec. 33 of the Jagirs Act. It is incumbent upon the Jagir Commissioner to communicate his final order under sec. 32, sub-sec. 2 read with sec. 33 of the Jagir Act to the Government, the Jagirdar and every other interested person. There is no doubt that the order dated 2nd February, 1962 mentions that the counsel for the appellant was present on that date, but in fact the award was drawn subsequently and it is not denied' that the final order was communicated on 19. 6. 1962. In view of this the period between the date of the final order and its communication to the claimant Jagirdar will have to be excluded from the date of limitation. If that is done the appeal is very much within the limitation period and the objection of the Government Advocate is over-ruled.

(3.) IT appears from a perusal of the observations made by my learned colleague Shri Gajendra Singhji, though he has not specifically so stated, that the period of limitation under sec. 39 should run from the date of drawal of the final award. With due respects, it may be submitted that there is no warrant in law for such a proposition. The decision referred to in sec. 39 of the Jagir Act is a decision taken under sec. 32 (2) as has been specifically mentioned in that section. The drawal of a final award is either a ministerial job or made under sec. 35, sub-secs. (1) and (2) of the Act. Sub sec (1) and (2) of sec. 35 are not appealable. As a matter of fact, the impugned order has finally determined the amount payable to the jagirdar and nothing remained to be done thereafter.