STATE OF RAJASTHAN Vs. NARPAT SINGH

JUDGEMENT

(1.) THESE are cross appeals against one and the same judgment of the Jagir Commissioner, Jaipur dated 6. 12. 61 and are being disposed of by this single judgment. The State Government have assailed the incomes allowed from non-agricultural uses of land, grazing fees and sale of abadi lands. The jagirdar has assailed the amounts dis-allowed under these very heads against the claims made by him.

(2.) WE first take the income from the sale of abadi land. The State Government have questioned the allowing of 11 years' average when Clause 2 (f) of the Second Schedule of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as the Act) requires the income from sale of land to be calculated on the basis of average income therefrom during 20 years immediately preceding the basic year. The contention, however, cannot be called to be sound in this particular case. For, admittedly the jagir itself was created only 11 years preceding the basic year. What clause 2 (f) enjoins is only that in order to fix the gross income under this head, the basis will be the average of the income arising during 20 years immediately preceding the basic year. It does not specifically say that in every case it shall be an average of 20 years. When the very age of the jagir is not 20 years old, the taking of average for 20 years cannot at all be possible. In such cases when the jagir itself is not 20 years old, only the income of as many years as the jagir has been in existence during the period preceding the basic year shall be calculated for taking the average under this clause. The learned Government Advocate has also in the end conceded this, and so very rightly.