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 may adversely affect the interests of the Government. Hence the date of the last estimate was clearly mentioned. We therefore, hold that the lower court was justified in holding that the period or five years cannot be allowed to commence from the date of the last Patta.

5. The other contention is that the method adopted by the lower appellate court in estimating the "present site value" is clearly wrong. This contention is bound to prevail. Sub-Sec.4 of Sec. 17 of the Patta Act clearly prescribes the method by which the present site value is to be arrived at. The lower courts have taken the consideration mentioned in the sale deed as the present site value of the land in dispute. This is clearly against the express provisions of law, which runs as follow:—

"(4.) By present site value is meant the value of the land only, exclusive of any buildings or other works of improvement, including trees standing thereon, at the rate obtaining at the time when proceedings are being taken for the grant of a Patta for land of similar advantages or disadvantages in the same neighbourhood and is a matter for determination in each case with reference to plots which have been sold at public auction in the open market or at private sale by willing sellers to willing buyers or as ascertained with the help of assessors whose aid may be called in for the purpose.

In calculating such value it will be permissible to take into consideration any circumstances such as the accumulation of rubbish, clearance of old buildings and the like which may decrease the market value of the land."

We would, therefore, allow this revision, set aside the order of the lower courts and remand the case to the Deputy Administrator, Municipality, Jodhpur, with the direction thai the present site value of the land be determined afresh in the light of the observations made above and the case be decided thereafter according to law.

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