STATE OF RAJASTHAN Vs. PRITHVI SINGH

JUDGEMENT

(1.) THE State of Rajasthan who was the defendant has brought this appeal against the judgment and decree of the learned District Judge, Pali 25-9-67 decreeing the plaintiff-respondent's suit against the State in a sum of Rs. 12,250. 70 paise with costs.

(2.) THE claim of the plaintiff respondent No. 1 was based on the final determination of his compensation in respect of the resumption of his jagir. THE plaintiff averred that jagir was resumed under the Rajasthan land Reforms and Resumption of Jagir Act, 1952, hereinafter to be referred as the "act" with effect from 1-9-54. THE final award regarding the compensation payable to the ex-Jagirdar was given by the Jagir Commissioner on 10-6 63 vide Ex. 1. THE total amount payable as compensation was fixed at Rs. 201310 50 paise and it was payable with interest at Rs. 2. 50 percent per annum from the date of resumption till it was paid. THE plaintiff further averred that out of this amount Rs. 22,850/- were paid to him in cash on 7-12-56 by way of first instalment of interim compensation and Rs. 6315/-were paid to him as the amount of second and third instalments of interim compensation on 25-1-58. Besides this the plaintiff admitted to have received Rs. 44. 18 paise in cash after the institution of the suit. THE remaining amount was payable to the plaintiff in 30 equal 6 monthly instalments for which bonds were to be given. THE plaintiff proceeded to say that though the bonds came to be handed over to him for the entire period and they were delivered on 14-2-64 for the amount of Rs. 1,62,600/-the amount of interest mentioned for the instalments that had fallen due till the date of the delivery of bonds was less than what was required to be paid in terms of the final order Ex. 1 passed by the Jagir Commissioner and in accordance with the provisions of sec. 26 read with sec. 38a of the Act. THE claim is thus in respect of the difference in the interest on the instalments that had already become payable when the bonds were delivered. Likewise, bonds for the amount of Rs. 10,000/-were paid to the plaintiff on 19 8-64 and in respect of the instalments that had fallen due till that date the plaintiff has put forth a similar claim regarding difference in the interest that was payable in terms of the final order of the Jagir Commissioner as also in accordance with sec. 26 read with sec. 38-A of the Act. This amount of the difference in the interest that was payable came to Rs. 12,250. 70 paise.

(3.) TO appreciate the last question about the difference in interest I may refer to a copy of the bonds brought on record. Ex 4 may be referred to. Till 31-1-64, 19 instalments had fallen due. The relevant extract from Ex. 4 is as follows : Principal Amount Rs. 25. 000 Half-yearly instalment of principal at Rs. 833. 33 during the first twenty-nine half years and Rs. 833. 43 on the thirtieth half year. S. No Half year ending Principal Rs. np. Interest Rs. np. Balance of Principal Rs. np. 1 2 3 4 5 1. 31 Jan. 1955 833. 33 312. 50 24,166 67 2. 31 Jul. 1955 833. 33 302 08 23,333. 34 3. 31 Jan. 1956 833. 33 291. 67 22,500. 01 4. 31 Jul. 1956 83333 281. 25 21,666. 68 5. 31 Jan. 1957 833. 33 270. 83 20 833. 35 6. 31 Jul. 1957 833. 33 260. 42 20,000. 02 7. 31 Jan. 1958 833. 33 250. 60 19,166 69 8. 31 Jul. 1958 833. 33 239. 58 18,333. 36 9. 31 Jan. 1959 833. 33 229. 17 17,500. 03 10. 31 Jul 1959 833. 33 218. 75 16,666. 70 11. 31 Jan. 1960 833. 33 208. 33 16833. 57 12. 31 Jul. 1960 833 33 197. 82 15,000. 04 13. 31 Jan. 1961 833. 33 187. 50 14,16671 14. 31 Jul. 1961 833. 33 177. 08 13,333. 38 15.31 Jan. 1962 833. 33 166. 67 12,500. 05 16. 31 Jul. 1962 833. 33 156. 25 11,666. 72 17. 31 Jan. 1963 833. 33 145 83 10,833. 39 18. 31 Jul. 1963 833. 33 135. 42 10,000. 06 19. 31 Jan. 1964 833. 33 125. 00 99,166. 73