MHAHRAJ KARAN SINGH Vs. SHYAM SUNDER

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals Nos. 24/60 and 32/60 and Civil Miscellaneous Application No. 5/62 raise inter-alia a question as to the constitutionality of the provisions of the Shishu Hitkarini Sabha's decrees (Enforceability) Act No. 26 of 1958 (hereinafter called the "validating Act") and since they were argued together, they shall be disposed of by one judgment and order.

(2.) THE facts of the three cases may shortly be stated at the out set. 1. D. B Civil execution 1st Appeal No. 32/60 - THE estate of the appellant Madan Singh, Jagirdar of village Saredi, was under the management of Shishu Hitkarini Sabha in the Samvat year 1994 under the provisions of the Mewar Ke Qarzdar Thikano Ka Qanoon Sambat 1994 (hereinafter referred to as the "mewar Act" in connection with the liquidation of debts against the jagirdar. THE respondent's father Bhuralal had a debt outstanding against the thikana and he, therefore, filed a claim in accordance with the provisions of Mewar Act. A decree for Rs. 11,750/-was eventually passed by the Shishu Hitkarini Sabha on Asar Badi 8, Samvat 1996.

(3.) IT will be seen from the above review that the legislation in Mewar was different from the other States. The Mewar Legislation provided only for a part of the subject matter legislated in other States. Whereas, the Court of Wards Acts, for the various States did not oust the jurisdiction of the civil courts, the Mewar law clearly barred the jurisdiction of the civil courts. There are also obvious differences in the Marwar Jagirdars Encumbered Estates Act and the Mewar Act, namely. (1) in the matter of the period of notice requiring the creditors to present their claims ; (2) the effect on pending suits. While under the Marwar law suits became null and void, under the Mewar law suits had to be transferred to the Shishu Hitkarini Sabha ; (3) the maximum period for liquidation of debts. The Marwar law prescribed 30 years but under the Mewar law the estates had to be kept in management upto liquidation of all debts. IT may also be significantly pointed when the Mewar Ke Qarzdar Thikanon Ka Qanoon was enacted, there was no Civil Procedure Code in force in the former Mewar State. Indeed, the law in the Mewar State was scanty and in a nebulous State.