CHANDRA KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an amended writ petition filed by Smt. Chandra Kanwar and Thakur Padamsingh under Articles 226 and 227 of the Constitution of India against the judgments of the Board of Revenue, Rajasthan, Ajmer, dated 1 -2 -1974 and 5 -10 -1974 by which the order of the Revenue Appellate Authority, Bikaner, dated 30 -6 -1971 was set aside and it was directed that the land belonging to Smt. Chandra Kanwar and Thakur Padamsingh (husband and wife) be clubbed together for the purposes of determination of Ceiling.

(2.) THE relevant facts giving rise to this writ petition may be briefly stated as follows - -Thakur Padam Singh is an Ex -Jagirdar of Karma was District Pali. Long before resumption of his Jagir, he gifted away three wells and agricultural lands attached there to measuring about 250 bighas to his wife Smt. Chandra Kanwar for maintenance vide Registered Gift Deed. Since then Smt. Chandra Kanwar has been in continuous possession of the gifted property and is enjoying the usufruct thereof without any intereference from the side of the donor. The Settlement Department also issued Parcha Khetoni and Parcha Lagan in Samwat Year 2006 and 2011 respectively in favour of Smt. Chandra Kanwar. Thereafter, the Jagir of Thakur Padamsingh was resumed under the Rajasthan Land Reforms and Resumption of Jagirs, Act, 1952, (here in after referred to as the 'Resumption of Jagirs Act) on 24 -11 -56, but as Smt, Chandra Kanwar was a transferee of the lands gifted away to her prior to 1 -1 -1949 the lands in her possession were treated as her own separate Jagir vide judgment of the Deputy Collector (Jagir) dated 29 -5 -1959 by virtue of Section 26A of the Resumption of Jagirs Act. Later on, Jagir of Smt. Chandra Kanwar was resumed on 15 -9 -1959 and compensation in respect of the said Jagir was paid separately to her, as judgment is evident from the copy of the Deputy Collector (Jagir), bali, marked Annexure -B. As 1 6 bighas of land was under personal cultivation, she was allowed to continue in possession of the same as Khatedar thereof. Out of the lands measuring 126 bighas Smt. Chandra Kanwar sold away 60 bighas of land on 26 -12 -1971 to Mst. Ramjivani, Jasoda and Mst Sarki vide registered sale deed. The said transfer was recognised as valid by the Sub -Divisional Officer, Jetaran, vide his order dated 30 -7 -74 in Ceiling Case No. 165 of 1975, The certified copy of which is marked as Annexure -C. As in the year 1960, the Rajasthan Tenancy Act was amended by Act. No. IV of 1960 and a new Chapter III -B was added for fixing the ceiling of holding, the Sub -Divisional Officer, Jetaran, in case, No. 27 of 1970 State v. Smt. Chandra Kanwar, on 28 -5 -1971 while determining the extent of (and of Thakur Padamsingh for the purposes of ceiling included the land of Smt Chandra Kanwar which was gifted to her in the year 1948. Aggrieved by this order of Sub -Divisional Officer, Jetaran, Thakur Padamsingh and Smt. Chandra Kanwar preferred an appeal in the Court of Revenue Appellate Authority, Bikaner. The Revenue Appellate Authority, Bikaner, heard the appeal and vide his judgment dated 13 -6 -1971came to a decision that the saparate holdings of Smt. Chandra Kanwar could not be clubbed with the holdings of Thakur Padamsingh and treated as the holding of the family for ascertaining excess land held by the family as a unit.

(3.) THE respondents nos. 1 and 2 filed a written -reply to the writ petition, wherein it was alleged that the land gifted away to Smt. Chandra Kanwar for her pocket expenses gkFk [kpZ by her husband, remained under the control and management of Thakur Padamsingh and only the income accured from such land was given to his wife Smt. Chandra Kanwar for meet -in!?; her pocket expences. It was further alleged in the reply that the land gifted away to Smt. Chandra Kanwar by Shri (Thakur) Padamsingh was the part and parcel of the main Jagir and her land also stood resumed from the date of resumption of Jagir of her husband. It was, however, admitted that compensation was paid separately to Smt. Chandra Kanwar for resumption of her land, but separate payment of compensation had no relevancy according to respondents nos. 1 and 2. ft was further admitted in the reply that after resumptions of the Jagirs, Smt. Chandra Kanwar became Khatedar Tenant of the land which was gifted away to her but it was denied that the sale of some portion of her land in favour of Mst. Ramjiwani, Jasoda, and Mst. Sarki was valid On behalf of respondents nos. 1 and 2, it was further alleged in the reply that the Sub -Divisional Officer rightly determined the Ceiling area under Section 30 -8 of Chapter III -B of the Rajasthan Tenancy Act, 1955, vide his order dated 28 -5 -1971 passed in Ceiling Case No. 189 of 1971 State v. Thakur Padamsingh and Ceiling Case No. 27/1970 State v. Chandra Kanwar, and admitted no error in declaring 57 bighas of land as surplus which the petitioners are bound to surrender in accordance with the provisions of Section 30 -C of the Rajasthan Tenancy Act, (955. According to respondents nos. 1 and 2 Smt. Chandra Kanwar was rightly treated to be a member of the family of Thakur Padamsingh and her land was rightly clubbed together with the land of her husband for the purposes of ascertaining excess land held by the family as a unit. The respondents therefore, prayed that the impugned judgments of the Board of Revenue are not erroneous and the writ petition filed by the petitioners has no substance and is liable to be dismissed with costs.