GAJAR KANWAR JOJA AMAR SINGHJI Vs. DHANNA
LAWS(RAJ)-1955-10-14
HIGH COURT OF RAJASTHAN
Decided on October 17,1955

GAJAR KANWAR JOJA AMAR SINGHJI Appellant
VERSUS
DHANNA Respondents

JUDGEMENT

- (1.) THIS is an appeal against an appellate order of the Additional Settlement Commissioner, Rajasthan, Jaipur dated 24-1-55 in a case relating to entry of rent in parcha chakbandi.
(2.) WE have heard the parties and have examined the record. In view of the order that we are making in the case, we refrain from expressing any opinion on the merits, Suffice to observe that the manner in which the learned Assistant Settlement Officer proceeded to decide the case is the very negation of all settled procedure. It is an elementary principle of established procedure and natural justice that every party should be given a chance of hearing and presenting his case before the court. In the present case we find that Dhanna etc. applied on 16-4-54 before the Assistant Settlement Officer to the effect that the rent of the land in dispute which is in the patti of the appellant has been unduly enhanced. On 1-6-54 the learned Assistant Settlement Officer passed the order regarding reduction in rent without caring to issue a notice to the party concerned. In fact, it appears that the learned Assistant Settlement Officer went to the spot and without requiring the presence of the parties decided the case then and there. It is not enough, as observed in a number of cases by the Board, that justice is done; it must appear to have been done in a fair and proper manner, for otherwise all public confidence in the administration of justice would disappear. WE would therefore, allow this appeal, set aside the orders of the lower courts and direct that the case be tried and decided afresh by the Assistant Settlement Officer in the light of the observations made above. .;


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