YASHWANT RAO INGLE Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner seeks a direction that the State Government be asked to recover 1/3rd share in Jagir villages Ladkaran and Rijhari from respondents 3 and 4 and also claims that 1/3rd share of compensation on resumption of Jagirs in the said two villages be paid to him.

(2.) FOR appreciating the controversy, a little of the ancient history of the Jagir would have to be given Shri Narayanrao Ingle who is claimed to be the common ancestor of the petitioner and the respondents 3 and 4 was originally granted a Jagir of Rai Mahal consisting of 50 villages by the erstwhile ruler of Gwalior State in about the year 1819 A.D. This grant is shown at page 295 of Gwalior State Tawarikh Jagirdaran with Kawayad Part I. Narayanrao had a brother Laxmanrao and three sons: Chimanajirao, Abasaheb and Subhedar Saheb. On the death of Narayanrao Ingle in about the year 1865, there was a partition of the Jagir property and 14 villages were given to Laxmanrao. This came to be known as Jagir Sarjapur. The remaining villages of Jagir Rai continued to be the Jagir of sons of Narayanrao. Chimanajirao died leaving behind a son Balarao. Aba Saheb died leaving behind a son Babasaheb while Subhedar Saheb died without any issue. Baba Saheb also died issueless leaving behind his widow Vithabai Saheba. The petitioner was adopted by Vithabai in about the year 1925. The validity of this adoption is disputed by the respondents though the petitioner claims that the adoption had been with the consent of Darbar (Annexure B of the petition).

(3.) IT is not necessary to show how Vithabai Saheba became entitled to 1/3rd share in the two Jagir villages as the entitlement of Vithabai Saheba does not appear to be disputed. The real trouble had been that she had never been paid even a single pie as her share of income from either village Ladkaran or Rijhari. By about the year 1925 when Vithabai Saheba was not distributed any income from Ladkaran and Rijhari she made an application to the Government claiming her share from the co -jagirdars. The Government of erstwhile princely State of Gwalior, by an order dated 14 -8 -1929 reiterated the right of Vithabai Saheba to receive 1/3rd share of the income in the two Jagir villages. It was, however, directed that Muntazim Jagirdar should comply and clear off the payment to which the co -sharers were entitled. The petitioner contends that the order dated 14 -8 -1929 has never been challenged by any of the co -sharers till the eesstion of Gwalior State in the State of Madhya Bharat. The order not having been complied with during the regime of the princely State, it is contended that it remained an obligation of the new Government. In about the year 1937 the village Rijhari was banded over to Jagir Rai. The petitioner, therefore, claims 1/3rd share of the income from the village Rijhari since the year 1937 The petitioner relies on an order of Gwalior Darbar dated 6 -5 -1940, a certified copy of which has been filed as Annexure E of the petition by which the Gwalior Darbar had ordered equal distribution between the three Jagirdars of the income of the two villages and also contains a direction to the Muntazim Jagirdaran to distribute the income from the date of the order.