MANGILAL Vs. KALYAN SINGH

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for possession of a house site from the defendant.

(2.) THE plaintiff came forward with the case that he was the Jagirdar of village Sadas in Tehsil Gangrar,district Chittorgarh. THE jagir of Sadas was resumed on 1-7-54. THE plaintiff submitted a list of his personal properties to the Jagir Commissioner and the latter declared the disputed plot along with some other items of property to be his personal property. It was alleged that the defendants had taken unlawful possession of this plot with the connivance of the Gram Panchayat of Sadas. THE plaintiff, therefore, prayed that the plot be declared to be of his ownership and its possession be restored to him. He also claimed Rs. 72/-as mesne profits at the rate of Rs. 21-per month,

(3.) NOW regarding the private lands, buildings, wells and house sites and enclosures which continue to remain with the Jagirdar there is sec. 23. Sec. 37 clearly relates to questions of title or right or interest in any Jagir land and if such a question has not been determined by a competent authority the Jagir Commissioner shall proceed to make an inquiry into the merits of the question and then pass such order as he deems fit. The two sections have to be read in harmony so that the effect of one is not destroyed by the other. Therefore, what is covered by sec. 23 of the Act shall be taken to be outside the purview of sec. 37. Attention of the learned District Judge was not directed to sec. 23 of the Act and it was perhaps for that reason that he held that sec. 37 would govern the matter.