LAL KANWAR Vs. MAG SINGH

JUDGEMENT

(1.) THE appellant has filed this appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 against the order of the Deputy Collector, Jagir, Jalore dated the 15th December, 1962.

(2.) BRIEFLY, the facts are that the appellant was granted a succession certificate under sec. 38 of the Jagir Act on the death of the Ex-Jagirdar of Galifa being the widow of the deceased. This succession certificate was granted at the time when the Ex-Jagirdar died after the resumption of his Jagir. Against this order the respondent filed a review petition before the Deputy Collector, Jagir who accepted it on the ground that he committed an error apparent on the face of the record by applying the provisions of Hindu Succession Act, 1956 and deciding the succession to the deceased jagirdar on that basis. In the Deputy Collector's opinion the succession should have been decided according to the provisions of sec. 182 of the Marwar Land Revenue Act, 1949 and accordingly the Deputy Collector ordered further enquiry in the matter. Aggrieved by that order the appellant has filed the present appeal.