SUJYA Vs. GANGLYA

JUDGEMENT

(1.) THESE are two cross appeals by both the parties against an appellate order of the Additional Commissioner, Jaipur, dated 25.11.53 in a lumberdari case.

(2.) THE brief facts of the case are that there was one Narain lumberdar of village Sakat, Tehsil Rajgarh, District Alwar. This Narain died in 1948 and the question of succession to lumberdari arose. THE Collector after enquiry found that the last lumberdar Narain was not living in the village and Ganglia was acting as his sarbarakar. He, therefore, holding that Sujia the grand son of Narain Meena who had claimed lumberdari was not residing in the village and was not likely to perform the duties or a lumberdar properly, appointed Ganglia as lumberdar. On an appeal to the Additional Commissioner, the order was modified to the extent that Ganglia was appointed as lumberdar on a temporary basis for a period of one year on condition that if Sujia returned to the village and settled down there permanently within a month from the date of the Additional Commissioner's order and applied to the Collector after six months of the order for being appointed as lumberdar and satisfied the Collector that he had in fact returned permanently to the village also and redeemed his property he be appointed as lumberdar in place of the deceased Narain without any further enquiry. THE Additional Commissioner also laid down a condition that Sujia if appointed as lumberdar shall not take a substitute or sarbarakar. Both the parties have now come against this order in second appeal before us.