STATE OF GUJARAT Vs. K S SURENDRASINHJI MANSINHJI

JUDGEMENT

(1.) . A short question that arises in this petition is as to what should be the capitalised value of the cash allowance paid to junior members of the family of ex-Jagirdar. The question arises in the following circumstances:-

(2.) On abolition of Jagir pursuant to the Bombay Merged Territories and Areas (Jagirs Abolition) Act 1953 (hereinafter referred to as the said Act) having come into effect on and from August 1 1954 respondents Nos. 1 and 2 herein applied for payment of compensation on account of extinguishment of their rights of cash allowance and for loss of Rs. 7 0 being the house construction allowance and for the loss of their right to be paid the expenses for education. The Competent Authority under the said Act did not uphold this claim of the respondents. The Gujarat Revenue Tribunal also confirmed that view. However this Court in Special Civil Application No. 10 of 1962 and other companion matters by its common judgment of August 27 1964 held that the cash allowance received by the junior members of the family of a Jagirdar was an incidence of Jagir and the respondents were entitled to be paid compensation for extinguishment of this right under the said Act and in that view of the matter this Court remanded the cases to the Tribunal for disposing of the appeals in respect of the claim of compensation according to the correct principles of law.

(3.) The Gujarat Revenue Tribunal therefore heard the appeals and partially upheld the claim of the respondents herein. The Tribunal following its earlier decision computed the value of the cash allowance at 30 times the annual value thereof and therefore fixed the compensation of Rs. 54 0 and Rs 63 0 for the loss of the right of annual cash allowance of respondents Nos. 1 and 2 respectively. The Tribunal however rejected the claim of the respondents on account of the construction allowance of Rs. 7 0 or for allowance on account of the expenses for education. The Tribunal also directed the State Government to pay interest at the rate of 3% on the aforesaid two amounts of compensation from the date of coming into force of the said Act that is 1 August 1954 This order is the subject matter of this petition at the instance of the State Govt.