NARPAT SINGH Vs. SHIV SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order of the Dy. Collector, Jagirs, Sikar, dated 18. 4. 60 The facts in brief are that the respondents submitted an application to the Dy. Collector Jagir, Sikar, alleging that they were the Jagirdars of village Sujawas, Tehsil Danta-Ramgarh. In this jagir half share is admittedly in the name of Ladusingh and Sawaisingh, With regards to the remaining half the case for the respondents was that they were entitled to three fourth share and the appellants only one fourth share i. e. in whole of the village the respondent's claim 3/8 share and the appellants, according to the respondents, had only 1/8 share. The respondents alleged in the aforesaid application that the appellants collusively got certain fields entered in their name and thus claimed one fourth share in whole of the village instead of one eighth. The dispute was pending in the Settlement Department but after the jagir was resumed, it was ordered that the Settlement Department was not competent to decide the case. It was further alleged in the application that the appellants have dishonestly asked for compensation of these fields though they had no right or title on them. It was prayed that the file should be called for from the Settlement Department or the Dy. Collector, Jagir should decide the dispute himself. The Dy. Collector, Jagir thereupon recorded the evidence and decided that the respondents were entitled to 3/8 share and the appellants to 1/8 share; hence this appeal.

(2.) WE have heard the counsel for the parties. The learned counsel for the appellant argued that under the amended sec. 37 of the Rajasthan Land Reforms and Resumption of Jagirs Act, I952 (hereinafter referred to as the Act) the Dy. Collector, Jagir, has no jurisdiction to make an enquiry and pass the order which he did. Sec. 37 was amended by the Rajasthan Act No. 20 of 1959 published in Rajasthan Rajpatra, Extra,-ordinary part IV-A, dated 25th of May, 1959. Under the old sec. 37 the Jagir Commissioner had jurisdiction to make an enquiry and pass such orders as he deemed fit on any question relating to title, right or interest in any jagir land in the course of the proceedings under the Act with the exception of a question referred to in sec. 3 of the Rajasthan Jagir Decisions Validation Act, 1955 or a question which had already been decided by the competent authority. According to the amended sec. 37 the jurisdiction of the Jagir Commissioner has been further excluded from deciding any question as to any khudkasht land or correctness or otherwise of any entry relating thereto in any settlement records or as to any boundary, map, field-book, record of rights or annual register or as to any Wazib-ul-arz or Dasturganwai or any other settlement paper lawfully prepared or as to the correctness or otherwise of any entry made therein.