STATE OF ANDHRA PRADESH Vs. BHEEMSENA RAO

JUDGEMENT

(1.) In this appeal filed by the Government of Andhra Pradesh against the judgment of our learned brother Satyanarayana Raju, J., the dispute centres round the question as to the quantum of commutation payable to the respondent under the Hyderabad Jagirs (Commutation) Regulation, 1359-F. (XXV of 1359-F-)- The respondent was the Maktedar of four villages, namely, Chittial, Lachmipur, Lakardodi and Setwar situated in Makhtal Taluk, Mehboobnagar district. It is unnecessary for us to refer to the antecedent history of the grant of these villages. Under this grant, the respondent was entitled to revenue of all these villages amounting to Rs. 3,965-6-0 with a pan of three-fourths of the total revenue, i.e., the amount which he had to pay to Government.

(2.) The Hyderabad (Abolition of Jagirs) Regulation, 1358-F. was promulgated on 15th August, 1949, for the abolition of all the Jagirs. A ' jagir' as defined in section 2 (f) of the said Regulation included a makta village, and the Maktedar lost all his rights under the Bilmakta grant. As a corollary to the Abolition Regulation, the Hyderabad Jagirs (Commutation) Regulation, 1359-F. was passed on 25th January, 1950. That enactment contains detailed provisions for ascertainment of the commutation. Sections 3 and 4 provide an elaborate machinery for determination of the commutation payable to jagirdars. Section 3 says :

(3.) Section 4 enacted that in the case of a jagir other than a Jamiat Jagir, the basic annual value of the jagir shall be the gross basic sum ascertained in accordance with sub-section (2) less sixty per cent. Sub-section (2) of section 4 recited that the gross basic sum shall be the average annual gross revenue of the jagir for the ten years opening with the year I347-F. and ending with the year I356-F. Thus, the average annual gross revenue of a jagir for the years I347-F. to 1356-F. has to be initially ascertained and from the amount so ascertained sixty percent, has to be deducted in order to arrive at what is known as the basic annual revenue of the jagir. The commutation sum to which a jagirdar would be entitled has to be arrived at on the basis of the annual revenue, as contemplated by section 3 of the Regulation (XXV of 1359-F.).