LT COL MAHARAJ HIMMATSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals are directed against a iudgment of the learned Single Judge dated July 27, 1972, but. it is based on the reasons given in the iudgment dated april 18. 1972 in 492 writ petitions, relating to lands occupied by persons in raiasthan Canal Area.

(2.) THE appellants' case is that the Jagirdar of Sattasar sranted in 1948. large chunks of land to the appellants and issued 'sanads' to them. The Sattasar Jaeir was resumed under the Raiasthan Land Reforms and Resumption of Jagirs Act (Act vi of 1952] on August 15. 1954. The appellants Paid all amounts due against them by wav of land revenue on the said lands from the vears 1948 to 1955 and they became Khatedar. tenants within the meaning of the word in the Bikaner State tenancv Act. The appellants also contend that the revenue or rent have been realised from them for the period from 1953 to 1962.

(3.) ON October 15, 1955, the Raiasthan Tenancy Act. 1955 (hereinafter called "the tenancv Act") came into force. Under Section 15 thereof, any Person who was a tenant became a Khate-dar tenant entitled to the rights under the Tenancv Act and the appellants claim that thev acauired such rights. Thev further contend that their khatedari rights were confirmed by the Commissioner. Bikaner. by his order dated October 21. 1957. The appellants further say that the lands which were given to them by the sanad was 'baniar' (barren) and the appellants reclaimed and cleared the land for cultivation and started cultivation in the vear 1948 and were in possession thereof till the date of their petition.