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1955 Supreme(Raj) 170

SHYAMLAL, ROOP NARAIN
Dhanraj – Appellant
Versus
State – Respondent


Advocates Appeared:
Ramrakh Chacha, for Applicant; Balkrishna Pareek, for Government

This is a revision, which has however been wrongly described as an appeal, against an appellate decision of the Additional Commissioner, Jodhpur in a case relating to grant of Patta.

2. The facts of the case have been set out at length in the judgment of the learned Additional Commissioner and need not be repeated here. Two contentions have been raised on behalf of the applicant. Both of them shall be dealt with separately.

3. The first contention is that the proviso to sub-sec.(2) of sec.17 of Marwar Patta Act should be so construed as to mean that the words "within a period of five years from the date on which the site value was last estimated" should be held equivalent to the words "within a period of 5 years from the dated on which the patta was last granted."

4. There is no substance evidently in this contention. If the framers of the law intended to say that the period of five years should commence from the date of the Patta they would have said so clearly, but here the intention appears to be that the period should commence from the date of last estimate. The reason is not far to seek. There may be a long gap between the date of estimate and date of the grant of Patta and it ma





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