An appeal filed after the expiry of the limitation period is liable to be dismissed.

JUDGMENT :

Sangeet Lodha, J.

This petition is directed against order dated 15.4.19 passed by the Board of Revenue Rajasthan, whereby a second appeal preferred by the petitioners against the order dated 7.6.13 passed by the Additional Divisional Commissioner, Jodhpur, setting aside the order dated 8.7.78 passed by the Assistant Land Record Officer, has been allowed and accordingly, order dated 8.7.78, recording the factum of partition of the land in the revenue record has been restored.

2. The facts relevant are that the land comprising Khasra No.94 min, present Khasra No.142 measuring 23 bighas 5 biswa, Khasra No.490 present Khasra No.144 measuring 8 bighas 8 biswa, Khasra No.94/1 present Khasra No.143 measuring 7 biswa, Khasra No.488 present Khasra No.944 measuring 10 bighas 17 biswa, Khasra No.491 present Khasra No.939 measuring 3 biswa, Khasra No.490 min present Khasra No.941/1017 measuring 4 biswa situated in Village-Pilowani, Tehsil-Desuri, District-Pali, was joint khatedari land of Madan Singh s/o Maan Singh, Nenu Ram s/o Maan Singh, having 1/2 share each. In Samvat 2035, with the consent of joint khatedars Madan Singh and Nenu Ram, who were brothers, as per oral partition between them, the lands in their cultivatory possession were ordered to be recorded in their names vide order dated 8.7.78 passed by the Assistant Land Record Officer.

3. After a lapse of about 33 years, the legal heirs of Nenu Ram preferred an appeal under Section 75 of the Rajasthan Land Revenue Act, 1956 ('the Act of 1956'), accompanied by an application under Section 5 of the Limitation Act, before the Additional Divisional Commissioner, Jodhpur, questioning the entries made in Khasra Revision (Relating to Partition) contending that Assistant Land Record Officer has no jurisdiction to accept the partition and enter the entries in the revenue record in this regard. It was contended that the entries as aforesaid were made without consent and thus, the order impugned being void, the appeal cannot be considered to be barred by limitation.

4. The Additional Divisional Commissioner opined that the order passed by the Assistant Land Record Officer acting without jurisdiction is void. Accordingly, the order dated 8.7.78 passed by the Assistant Land Record Officer was set aside by the Additional Divisional Commissioner vide order 7.6.13.

5. Aggrieved by the order dated 7.6.13, the respondents no.6 & 7 herein preferred second appeal before the Board of Revenue. The Board of Revenue observed that the partition effected entered in the revenue record was never questioned by Madan Singh and Nenu Ram during their life time and thus, after their death the challenge to the same by legal heirs belatedly could not have been entertained by the Appellate Authority. Accordingly, the second appeal preferred by the respondents no.6 & 7 has been allowed. Hence, this petition.

6. Learned counsel appearing for the petitioners contended that considering the merit of the dispute raised, the question with regard to inordinate delay in filing the appeal was not considered fatal by the Additional Divisional Commissioner and thus, the order passed on merits could not have been set aside by the Board of Revenue in perfunctory manner. Learned counsel submitted that the order dated 8.7.78 passed by the Assistant Land Record Officer acting without jurisdiction, is void and thus, cannot be given effect to. Learned counsel submitted that the order passed by the Assistant Land Record Officer without giving an opportunity of hearing to the petitioners is violative of principle of natural justice.

7. On the other hand, the counsel appearing for the respondents no.6 & 7 submitted that the entries were made in the relevant record by the Assistant Land Record Officer as per the oral partition between the parties according to their cultivatory possession and therefore, the same cannot be faulted with. Learned counsel submitted that the first appellate authority while recording the contention of the pe