URJARAM Vs. KESAR SINGH

JUDGEMENT

(1.) THIS special appeal has been filed against the order of Shri R. D. Mathur dated 10-4-68 whereby he rejected the restoration application filed by the appellant praying for the restoration of the appeal which was dismissed in default on 9-6-67.

(2.) BRIEFLY stated the facts of the case are that the respondent is the ex-jagirdar of Thikana Ratlai in the erstwhile Jodhpur State. As the tenants of his village Khakharki refused to pay rent, he made an application under sec. 78 of the Marwar Tenancy Act to the Tehsildar, Merta for realisation of rent. A notification was also issued by the Govt. and thereafter the Collector Nagaur ordered the recovery, of the rent. Against this order of Collector, an appeal was preferred before the Addl. Commissioner on 2-11-51 but the same was rejected. Thereafter the case was taken to the Board of Revenue and thence to the High Court and finally to the Supreme Court. In its order dated 19-10-60, the Supreme Court, held that the respondent had acquired a substantive right of getting his rent recovered as arrears of land revenue under sec. 85 of the Marwar Tenancy Act and rejected all the pleas raised on behalf of the appellant. In accordance with this decision, the Collector directed the Tehsildar to recover the rent due to the respondent. Thereupon, the appellant prayed that the rent may either be recovered in instalments or the recovery may be made in accordance with the procedure laid down in the Rajasthan Land Reforms & Resumption of Jagirs Act. The Addl. Collector issued stay orders on this application but finally vacated the same on 17-12-63. Against this order of vacation of stay, the appellant went in appeal to the R. A. A. who rejected the same on 12-5-65. Against this order of rejection the appellant filed a revision petition before the Board of Revenue. This revision petition was also rejected by a Single Member of the Board on 16-12-66. Thereafter the appellant filed a special appeal before a D. B. of this Board on 20-1-66. This application was dismissed in default on 9-6-67. This was followed by an application for restoration filed on 4-7-67. The same was rejected by the impugned order. Hence this special appeal.