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1971 Supreme(Kar) 259

Karnataka High Court
N.SHIVARAMAIAH - Appellant
Versus
MYSORE REVENUE APPELLATE TRIBUNAL - Respondent
Decided On : 08-26-71
C.P. : 165 of 1967

Advocates:
M.S.Gopal, N.Venkatachala, R.N.Krishna Bhat

The time required for obtaining a certified copy of the order should be deducted when considering the limitation for filing appeals, and the rule requiring separate appeals for individual petitioners is not applicable in certain circumstances.

Headnote:

Inams Abolition Act - Dispute over registration of land - Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 - Section 28(1)

Fact of the Case:

Petitioners, as Inamdars, filed applications for registration of land in possession of tenants. Deputy Commissioner rejected their claims and accepted those of the tenants. Appeals were filed, but the Appellate Tribunal dismissed them citing limitation and procedural objections.

Finding of the Court:

The Tribunal's dismissal based on limitation was not in accordance with law as it failed to consider the time required for obtaining a certified copy of the order. The Tribunal's requirement for a separate appeal for each petitioner was also found to be unjustified.

Issues: Limitation for filing appeals, requirement of separate appeals for individual petitioners

Ratio Decidendi: The time required for obtaining a certified copy of the order should be deducted when considering the limitation for filing appeals. The rule requiring separate appeals for individual petitioners is not applicable in cases where the orders are related to the applications of multiple respondents.

Final Decision: The court set aside the Tribunal's order and remitted the matter back, directing the Tribunal to consider the appeal's timeliness after deducting the time for obtaining a certified copy and to register the appeal in the name of one of the appellants as chosen by the petitioners.

NARAYANA PAI, CJ.

( 1 ) PETITIONERS Shivaramiah, Parvathamma and Nagarathamma were inamdars in respet of a village called Halthi. The Inams stood abolished under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954.

( 2 ) THE total extent of land in respect of which disputes arose regarding registration was 27 acres, out of which 17 acres were in possession of 34 tenants.

( 3 ) ON the footing that there had been a partition between them about 20 years before the abolition of Inams or the enquiry after its abolition each one of the petitioners made a separate application for registration of one-third of the land in possession of each one of the 34 tenants. Each one of the 34 tenants also made his own application for registration of the land under his or her cultivation. The said procedure was the one obliged by the rules which require that every individual should make his own application for registration.

( 4 ) IN the first instance, there appears to have been an order in favour of the Inamdars which was set aside on appeal and the matter remanded back to the Special Deputy Commissioner, Inams Abolition. On a second hearing after the remand, the Deputy Commissioner rejected the claims of the petitioners for registration and accepted those of the tenants.

( 5 ) THEREUPON, the petitioners filed 35 appeals before the Mysore revenue Appellate Tribunal, one of which Appeal No. 288 of 1967 is directed against the rejection of the petitioner's claim and each one of the other 34 appeals is directed against the acceptance of the claim for registration of each one of the 34 tenants.

( 6 ) TWO preliminary objections were raised on behalf of the tenants before the Appellate Tribunal, one of limitation and the other that the rejection of the claims of the three petitioners as Inamdars could not have been the subject of a single appeal in Appeal No. 288/67 by the three of them but that they should have filed three different appeals arising out of three different applications made by them, as required by the rules.

( 7 ) THE Appellate Tribunal accepted both the objections and dismissed all the appeals by a common order. Against these, this single Civil petition has been filed.

( 8 ) SO far as the alleged bar of limitation is concerned, the appellants in each of their memoranda of appeal set out : "this appeal is in time as it is filed within 30 days from the date of the order of the Court below excluding the time taken for obtaining the certified copy of the impugned order. " there was no separate application for condonation of delay.

( 9 ) THE Tribunal dealt with the question of limitation in paragraph 4 of its order. Therein it is stated that the order appealed from was passed on 23-8-1966 and the appeals were presented on 15-10-1966, i. e. 53 days after the date of the order, whereas S. 28 of the Inams Abolition Act requires that appeals should be filed within 30 days from the date of the decision appealed from. The Tribunal did not record any finding whether after deducting the time taken for securing certified copies of the order, the appeals would be within time. It dismissed all the appeals on the mere ground that there is no application for condonation of delay supported by an affidavit for claiming deduction of the time spent in obtaining the certified copy of the order.

( 10 ) IT appears to us that the disposal of the question of limitation that way is not in accordance with law. S. 28 (1) of the Mysore (Personal and Miscellaneous) Inams Abolition Act reads as follows :" Any person aggrieved by a decision of the Deputy Commissioner under S. 10 or 11, may within thirty days from the date of the decision, or such further time as the prescribed authority may for sufficient cause allow, appeal to the prescribed authority and its decision shall be final. "

( 11 ) THE latter part of the section says that even though thirty days have expired, the appeal may be filed within such further time as the appellate authority may for su










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