STAE OF GUJARAT Vs. VALA HARISHCHANDRASINHJI DANSINHJI

JUDGEMENT

(1.) The short question arising for determination in this second appeal is whether the plaintiff-respondent was liable to be assessed for non-Gharkhed in his holding at the rate of 121/2% of the total assessment of those lands. The plaintiff's case was that he was not so liable. The contention of the State-defendant was that he was so liable at that rate. Both the lower courts have found in favour of the plaintiff-respondent. The defendant-State has come in appeal.

(2.) The facts bearing on this question are few and are not in dispute. The plaintiffs-respondent was the holder of what is known as Dhank Jagir which was a Jagir under the Gondal State. That State integrated with State of Saurashtra and became part of the territory of the State of Saurashtra. The State of Saurashtra after it was formed immediately undertook a number of legislative measures for agrarian reform and one of such measures was the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance 1949 popularly known as Gharkhed Ordinance (hereinafter to be referred to as the Ordinance). In that Ordinance the lands held by the land holders are dealt with under two broad heads namely Gharkhed and non-Gharkhed. Both these classes of land are made liable under sec. 22 of the Ordinance for payment of land revenue. sec. 21 of the Ordinance which calls for construction in this appeal lays down the extent of that liability for land revenue. It reads as under:-

(3.) To appreciate the real point in controversy it is necessary to look at the relevant provisions of the Ordinance. The first Chapter is preliminary and contains definitions. Clause (h) of sec. 2 defines Gharkhed as under:-