STATE OF GUJARAT Vs. JETAWAT LALSINGH AMARSINGH

JUDGEMENT

(1.) This is an appeal by special leave. Herein we have to determine the true scope of section 14 (1) of the Bombay Merged Territories and Areas (Jagir Abolition) (Bombay Act No. 39 of 1954). That question arises thus:

(2.) Respondent No. 1 was the Bhayyat of the Jagir of Ghantoil. That Jagir was situated in the Idar State, a former Indian State. The area comprised in that State is a part of the State of Gujarat at present. The said Jagir was a proprietary Jagir and for the purpose of succession and inheritance, it was governed by the rule of primogenitor. The eldest son succeeded to the Gaddi; the other junior members of the family were granted maintenance known as Jiwarak out of the Jagir estate. The former Thakore of Ghantoil, Shri Dalpatainhji Kumansingh granted as Jitwarak to the father of the present respondent, a half share in a village by means of a deed dated February 18, 1916. In 1928 dispute arose between the Thakore and the Bhayyats in the matter of aforesaid Jiwarak. Hence the first respondent and his brother filed a suit in the Sadar Court of the then ldar State claiming Jiwarak. The Court of first instance decreed the suit in favour of the first respondent and his brothers. The Thakore went in appeal against the said judgment. When the appeal was pending, the dispute was compromised and a consent decree was passed on September 23, 1940. Under the consent decree the following rights were given to the first respondent and his brothers as Jiwarak.

(3.) The Act came into force on August 1, 1954 as a result of which all Jagirs in the merged territories of Bombay including the Jagir of Ghantoil were abolished. Thereafter respondent No. 1 claimed compensation under S. 14 (1) of the Act. He applied to the Jagir Abolition Officer for fixing the compensation due to him in respect of his aforementioned rights. That officer rejected his claim but when the matter was taken up in appeal to the Gujarat Revenue Tribunal, the Tribunal granted him compensation in respect of his rights to recover assessment of Rs. 175/- annually, but it rejected his claim for compensation under the remaining two heads. The first respondent then took up the matter to the Gujarat High Court under Art. 227 of the Constitution in Special Civil Application No. 560 of 1961. The High Court allowed that application. It held that the first respondent is entitled to compensation in accordance with the provisions of the Act both in respect of Gharkhed lands as well as in respect of his right to receive cash allowance of Rs. 234/12/- annually. The Jagir Abolition Officer was directed to hold further enquiry for determining a compensation payable to the first respondent in respect of those rights. This appeal is directed against the said order of the High Court.