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A. K. SARKAR, N. RAJAGOPALA AYYANGAR, S. R. DASS
State Of Punjab – Appellant
Versus
Qaisar Jehan Beigum – Respondent
Judgement
S. K. Das, J. : This is an appeal by special leave from the judgment and order dated November 16 1959 passed by the Punjab High Court on an application in revision in respect of an order dated December 17,.1957 by which the learned Senior Subordinate Judge of Gurgaon held that a reference by the collector of Gurgaon under S. 18 of the Land acquisition Act (Act I of 1894) was incompetent by reason of the circumstance that it was made on an application filed beyond time. The appellant before us is the State of Punjab and the respondents are two ladies being related as mother and daughter. We shall presently state the relevant facts, but before we do so it is necessary to say that the only point on which the High Court disposed of the application in revision before it made by the respondents herein, was whether the civil court to which a reference is made by the Collector under S. 18 of the Land Acquisition Act on an application filed beyond time, can reject the reference on the ground that the reference made is incompetent. On this point there is a conflict of judicial opinion. In disposing of the application in revision the learned single judge who heard it proceeded on the
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