CHANDRA SINGHJI Vs. STATE OF RAJASTHAN

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, Bhilwara dated 25. 6. 1960 under sec. 38 of the Act whereby the parties were directed to have their respective titles with regard to receipt of compensation payable to the deceased Jagirdar adjudicated upon by a competent civil court. We have heared the learned counsel for the parties and have examined the record as well. Raja Bahadur Amar Singh Jagirdar of Karada filed his statement of compensation and rehabilitation grant under sec. 31 of the Act as his Jagir was resumed under sec. 21 read with sec. 26 of the Act. But before he could receive the full payment of compensation and rehabilitation grant he died on 13. 8. 1959. The resumption of this Jagir had taken place in 1954. After the demise of Raja Bahadur Amarsingh 3 claimants appeared on the scene. Shri Chandersinghji minor with Shri Shiv Charan Das as guardian claims the unpaid compensation and rehabilitation grant by virtue of having been taken in adopt on by the deceased in 1951. It has also been contended on his behalf that in 1929 a will was made by the deceased in his favour as well. Sarv Shri Rawat Shambu Singh and Sarup Singh respondents No. 2 and 3 contested the claim of Chander Singh on the ground that Chandersinghji was not adopted by the deceased, that even if he was adopted it was invalid as no prior sanction of the State Government was obtained, that the will was ineffective as it was executed a few days before the death and that the deceased had long ago executed an agreement to take in adoption boys from the line of the respondents. The respondents claim to be entitled to receive the compensation and rehabilitation grant by virtue of their being collaterals of the. deceased. The learned lower court came to the conclusion that as there was a dispute it was essential to direct all claimants to have their respective titles adjudicated upon by a competent court. Sec. 38 of the Act runs as below - Payment of compensation on the death of Jagirdar -

(2.) IF any Jagirdar to whom compensation is payable under this Act dies before the full payment of such compensation to him, such compensation as may remain payable to him under this Act, shall be payable to the person or persons found by the Collector upon inquiry in the prescribed manner to be the heir or heirs of the deceased Jagirdar according his personal law '. Provided that, in cases in which the question of such succession or heirship is in dispute, the Collector shall direct all claimants to succession or heirship to have their respective title there to adjudicated upon by a competent Civil Court and payment of the remaining compensation shall be in accordance with such adjudication.