STATE OF GUJARAT Vs. MAHARAJ SAJJAN SINGHJI NAHERSINGHJI

JUDGEMENT

(1.) The facts of the case in Special Civil Application No. 1954 of 1974 briefly stated are as under:

(2.) In Special Civil Application No. 1988 of 1974 the facts of the case are similar. Respondent No. 1 (who will hereinafter be referred to as the claimant) is the lessee in respect of 244 Acres and 15 Gunthas of land situated in village Baletia which was a Jat Inam land of the Janis of Kalol. The rights of the Inamdar were abolished under the Bombay Personal Inams Abolition Act. However the claimant claimed that leasehold rights granted to him in respect of mines and mineral products by the Inamdar were saved under sec. 9 of the Bombay Personal Inams Abolition Act 1952 The claimant therefore sought a declaration to the aforesaid effect. The Assistant Collector of Kalol negatived the Contention raised by the claimant. In appeal the Collector of Panchmahals confirmed the order made by the Assistant Collector. On further appeal to the Gujarat Revenue Tribunal the orders made by the subordinate forums were set aside and it was declared that survey No. 35 admeasuring 244 acres and 20 gunthas of village Baletia had not vested in the State. That order is challenged by the State of Gujarat in this petition.

(3.) The only question which arises for our consideration in both these petitions relates to the interpretation of sec. 10 of the Jagir Abolition hot and sec. 9 of the Personal Inams Abolition Act. Sec. 10 of the Jagir Abolition Act provides as follows: