LACHMAN SINGH Vs. SONA

JUDGEMENT

(1.) THIS is revision petition under sec. 34 of the Rajasthan Land Revenue Act against the decision of the learned Revenue Appellate Authority, Bikaner dated 14th February, 1967 whereby he dismissed the appeal filed by the petitioners against the order of the Collector, Jolore dated 16-2-1966, a time-barred and otherwise also incompetent.

(2.) BRIEFLY, the facts of the case are that Tehsildar Bhinmal instituted proceedings against the petitioners under sec. 91 of the Rajasthan Land Revenue Act and ordered their ejectment from khasra No. 617, in village Narsana. The Collector rejected their first appeal and their second appeal was also rejected by the Revenue Appellate Authority Bikaner on dated 11-1-63. The Tehsildar Bhinmal submitted a report of compliance to the Collector, that the present petitioners had been physically ejected from the said land on 17-9-65. Subsequently, however, the Tehsildar passed an order dated 27-8-65 regularising the possession of the petitioners over the land in question.

(3.) IN regard to the second issue also I uphold the contention of the learned counsel for the respondent that the appeal was not properly constituted in as much as the memo of appeal was got signed by only one behalf of all the appellants, aggrieved by the Collector's order. They never made any application to rectify this omission.