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1966 DIGILAW 46 (MP)

RANDHIR SINGH RATAN SINGH v. SWARUP SINGH

1966-04-06

R.C.ROY PODDAR

body1966
ORDER R.C. Roy Poddar, President This is an application for revision against the order of the Addl. Commissioner, Gwalior Division, dated 15-6-64 in Appeal No. 406/63-64 under which he had dismissed the applicants' second appeal and affirmed the decisions of the lower Courts allotting some behad land to the non-applicant No. 1 u/s 101 (2) of the M.B. Land Revenue and Tenancy Act. The only point involved in this revision is whether an application for allotment of behad land is to be treated as incomplete unless it is accompanied by the requisite deposit in accordance with Rule 5(1) of the rules framed u/s 101(2) of the Act. Non-applicant No. 1 in this case has been given priority under Rule 6 of the rules although his application was received later than that of the applicants. It seems that the applicants' application which was filed earlier was not accompanied by the requisite deposit, and the deposit was made on a later date after the application of N.A. 1 was received along with the necessary deposit. The lower Courts have held that the applicants' application shall be deemed to have been filed on the date on which it was completed with the necessary deposit. The point at issue in this case has already been decided by this Board in Balbhadra v. Laxman and Ors. Revision No. 835159. D/- 30-5-1960 and in Mahendra Singh v. Phaddi and Doji Revision No. 1053161, D/- 10-1-1963. It has been held in those decisions that since it is obligatory under Rule 5(1) of the Behad Rules that an application for allotment shall be accompanied by the requisite deposit, the presentation of an application cannot be said to be complete until this requirement of the rules has been fulfilled. In view of the above, there is no reason for interfering with the decision of the Addl. Commissioner in revision. The application for revision is rejected. Final Result : Dismissed