CHAKBAI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the order of the Additional Commissioner, Ajmer dated 24. 7. 58, whereby he rejected the appeal of the appellants against the order of the Collector, Chittor requiring the appellants to pay under R. 56 Kavayad Muafi Mewar State 1946 one year's rental income by way of penalty for applying for mutation after the expiry of period of six months. The only point urged on behalf of the appellants is that Navneetlal last holder of the Muafi had died on 29. 6. 50 and Muafi remained in the management of the Court of Wards upto 24. 2. 55 and so the appellants could not naturally apply within the period prescribed by the R. 56. The present application for mutation has been presented after the resumption of Muafi on 23. 8. 54. It has also been contended that in the meanwhile, an application had been moved on behalf of the appellants to the Tehsildar for the grant of expenses out of the Muafi and the same should be taken as a duly presented application within time under R. 56. The language of R. 56 is quite clear that "if no application was made for mutation within six months from the date of death of the last holder one years rental income of the Muafi would be recovered by way of penalty. A mere application for grant of expenses could by no stress of imagination be treated as an application for mutation. Nor has the application itself been placed before us to show as to what it contained. If the appellants want a mutation of the Muafi in their name they have to abide by the rules in force in the matter at the time such a mutation is sought and if they have failed to comply with the provision of R. 55 and apply in accordance with the provision contained in that very rule, they should pay the penalty as prescribed therein. The learned additional Commissioner was absolutely justified in rejecting the appeal preferred to him.

(2.) THERE is thus no force in this appeal and is hereby rejected. .