STATE OF RAJASTHAN Vs. DEVRAJ SINGH

JUDGEMENT

(1.) THIS is an appeal preferred under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as the Act) by the State Government against an order of the Additional Jagir Commissioner, Jaipur dated 1. 5. 1961, by which he has declared a house "navaji-ki-Haveli" along with shops situated in Chora (Rasta, Jaipur City at the junction of Gopalji-ka-Rasta (referred to hereafter, for the sake of brevity, as "the property") to be the private property of the respondent Jagirdar of Dangerthal under sec. 23 (2) of the Act.

(2.) THE contention on behalf of the State Government is that the property is a State Inam grant governed by the Crown (Government) Grants Act which has been made applicable to the State of Rajasthan before the enforcement of the Constitution of India by a Notification dated 25th Jan. 1950 adopting certain Central laws without any adaptation or adjustment; the property is, therefore, not affected by the provisions of the Transfer of Properties Act; vide Jaipur Matmi Rules, 1945 the property is subject to the Matmi proceedings; the Matmi has never been sanctioned in favour of the respondent; and therefore the respondent could not have any claim thereto. THE operation of sec. 23 of the Act to the property too has been contested on the grounds that neither did it fall in any of the categories mentioned in sub-sec. (1) thereof nor was it in possession of the respondent, the same having been transferred to a third party. It has therefore been urged that the impugned order had been passed without jurisdiction.