MAHARAJ HAMIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts giving rise to this reference to a full Bench may in brief be stated as below : - In appeal No. 34/bhilwara/1958 Maharaj Hamir Singh Jagirdar, Ganeshpura resident of Surajpura Tehsil Sahada District Bhilwara - appellant vs. State of Rajasthan - respondent and cross appeal No. 8 /bhilwara/1959 State vs. Maharaj Hamir Singh which were heard by a Division Bench consisting of Sarva Shri Mathur and Hawa, the main point for determination was whether under the provisions of sec. 109 of Kanun Mal Mewar, a Jagirdar of the former Udaipur State was authorised to sell culturable land in his Jagir area, and if not whether the income derived by means of giving Bapi pattas could be regarded as an income from sale of culturable land in term 2 (f) of the second schedule of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (as amended from time to time and hereinafter referred to as the Act) for purpose of determining compensation etc. payable to a Jagirdar. THE learned Members after hearing the learned counsel and the Government Advocate though that as a decision on this issue was of public importance and will have far reaching effect both on the Jagirdars as well as the State, it may be referred to a Full Bench for a well considered decision. Similarly in another appeal No. 22/1958 Maharaj Bahadur Singh Jagirdar, Bhopalgarh Tehsil Bilara District Jodhpur vs. State of Rajasthan and others which was heard by Sarva Shri Shyam Lal and J. N. Kunjru, the same point came up for determination whether in view of the provisions of sec. 191 and 198 of the Marwar Land Revenue Act 1947, a Jagirdar of the former Jodhpur State could or could not sell culturable land in his Jagir area and whether any income derived on account of charging premium for conferring Bapi Rights etc. could be included in the gross income of the Jagirdar under item 2 (f) of the aforesaid schedule for purpose of calculating compensation and rehabilitation grant payable to Jagirdars. THE learned Bench also likewise thought that this point be referred to a Full Bench for an authoritative pronouncement. Again in appeal No. 8/1659 State vs. Jagat Singh Jagirdar Pushod Tehsil Pipalda Distt. Kotah, the same question arose and the learned Bench consisting of Sarvashi Mathur and Khemchand referred the point for determination to the Full Bench. In appeal No. 18/1957 State vs. Lachman Singh Jagirdar Aduka Tehsil Chirawa Distt. Jhunjhunu which came up for hearing before the learned Bench consisting of Sarva Shri Shyamlal and J. N. Kunjru, the same question again came up for determination and it was also referred to the Full Bench.

(2.) IN order to appreciate the importance of the point of law involved in the reference, a brief history of the enactment and the circumstances which necessitated this piece of legislation may be examined. The Government of Rajasthan introduced the Rajasthan Law Reforms St Resumption of Jagirs Bill 1951 in the Legislature with a view to improving thee economic and social conditions of the agriculturists and ensuring the full and efficient use of land for agriculture, as also to provide for the resumption of the Jagir lands and other measures of land reforms. This was passed into an Act (Act No. VI of 1952) and received the assent of the President of INdia on 13th February 1952. The second schedule of the Act did not contain any provision for including "income from sale of culturable and Abadi land" in the gross income of a Jagir for purposes of calculating the compensation and rehabilitation grant payable to a Jagirdars challenged this Act in the High Court. While the writ applications were pending, the Jagirdars agreed to settle the points of dispute out of court. On their representation the Government of INdia appointed Shri Govind Ballabh Pant the then Chief Minister of Uttar Pradesh to negotiate and find a solution to the issues which were outstanding. Out of these several issues, the two with which we will be presently concerned were that the Jagirdars demanded that : - (1) INcome derived from the grant of Khatedari rights to tenants should go wholly to Jagirdars and not only to the extent of 2/3rd, (2) INcome from sale of land both agricultural and Abadi should be calculated as part of gross income.