MADHO SINGH Vs. MAHIPAT SINGH

JUDGEMENT

(1.) THIS appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act (hereinafter referred to as the Act) has been filed against an order of the Deputy Collector Jagir, Kota, passed under sec. 35 read with sec. 38 of the Act.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. The claim for compensation and rehabilitation grant in respect of the Jagir in dispute was filed by Shri Durgadan Jagirdar himself. But before full payment could be received by him he died. A question arose under sec. 38 of the Act as to the person eligible to receive the payment and it has been decided that Shri Mahipat Singh minor is the heir of the deceased jagirdar and is therefore entitled to receive the compensation. The appellant Madhosingh an adopted son of the deceased jagirdar objected to the payment of compensation to Mahipat Singh. His objections were rejected. Subsequently an application was presented by him for action being taken under sec. 35 (3) of the Act, The learned lower court held that as Smt. Umadevi is the natural guardian by virtue of being the mother of the minor no further action under sec. 35 (3) is needed. Hence this appeal.