STATE OF RAJASTHAN Vs. TH SANGRAM SINGH

JUDGEMENT

(1.) THIS appeal preferred by the State Government under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirdars Act,1952 against the order of the Jagir Commissioner, Jaipur, dated the 2nd June, 1961 recognising Khasra No. 352, a Kund, together with boundaries to be the personal property of the respondent jagirdar deserves to be accepted simply because the order of the learned Jagir Commissioner has been passed more in breach of the provisions of sec. 23 of the Act than in observance thereof as would be evident from the following extract from his judgment. "as regards No. 352 which the jagirdar has claimed as a Kund together with Ren trees. THIS property has not been claimed by any other person. In the Patwari's report Khasra No. 352 only mentioned as Tiba, this land consists of Gen Mankula Tiba in the possession of Panchayat. But this report is certainly not correct. The Deputy Collector, Jagir, Tonk has not taken the slightest trouble of reconciling this discrepancy in his report. In the absence of any counter claim filed by any other party including the Panchayat fix this Kund and trees there could be no hesitation in allowing this property to go to the jagirdar. I therefore, declare this to be the property of the Jagirdar. "

(2.) THE point for determination in this case is not whether any other person has come forward to put any claim regarding such a property or not. Rather, it can be only the property falling under any of the descriptions given in sec. 23 (1) that can be declared to be the private property of the jagirdar. THE learned Jagir Commissioner has nowhere decided as to under what category the disputed Khasra number fell. He has, therefore, acted erroneously in holding this Khasra No. 352 to be the personal property of the jagirdar respondent without first coming to the finding about the category in which it fell.