COLLECTOR AJMER Vs. BAGHELIJI

JUDGEMENT

(1.) THIS is an appeal under sec. 66 of the Ajmer Abolition of Intermediaries and Land Reforms Act (III of 1955 - hereinafter called the Act ). The appeal has been presented by the Collector of Ajmer against the order of the Compensation Commissioner, Ajmer, dated 29th June, 1956.

(2.) IT appears that Shrimati Bagheliji, widow of Thakur Banspradeep Singhji of Sawar, filed a claim petition under sec. 10 of the Act claiming as Guzaredar of villages Motolao, Gorda, Kusaitha, Udai Sagar, Surapura, a hamlet of village Piplia, and an area of 125 bighas comprised in Khasra No. 1152 in village Sawar. According to her these villages had been granted to her by way of maintenance by her husband Thakur Banspradeep Singh of Sawar. Under the terms of the Act, "guzara" means a fixed cash annuity or a specific area of land in an estate granted by an intermediary for the maintenance of the younger members of his family or other relatives and dependants. , and as such she was estate-holder. Her claim was resisted on behalf of the Collector with reference to villages Motolao, Gorda and Khasra No. 1152 in village Sawar on the ground that these lands did not form a part of her Guzara. The Compensation Commissioner allowed her claim in respect of the other areas except Gorda and Khasra No. 1152 of village Sawar, comprising an area of 125 bighas. In other words the objection of the Collector succeeded in regard to these two properties; but he failed to convince the Compensation Commissioner that village Motolao was not a part of the Guzara as claimed by Shrimati Bagheliji. IT is only in respect of this property that the dispute is now confined is this appeal.