STATE OF RAJASTHAN Vs. SARDAR SINGH

JUDGEMENT

(1.) THESE four connected appeals have been referred to this larger Bench, all involving one common point of law under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as the Act of 1952 ). This reference has come from two different Division Benches. The point of law which has been referred to us for our decision is whether after the Jagir is resumed under section 22 of the Jagirs Act the inter se disputes relating to the properties saved from resumption under sec. 23 of the Jagirs Act between the Jagirdar and other persons are to be disposed of by the Jagir Commissioner under sec. 23 of the aforesaid Act or they are to be decided by a Civil Court. The main reference to this larger bench has been made by the Division Bench consisting of Shri M. U. Menon, the Chairman and Shri R. N. Madhok, Member. In making this reference Shri Madhok has stated that inter se disputes under sec. 23 of the Jagirs Act do not fall within the purview of the decision of the Jagir Commissioner. They are in the nature of Civil disputes and as such should be disposed of by competent Civil Courts. He further pointed out that he was not in agreement with the ruling given by the Division Bench of this Board in the case of Thakur Dan Singh of Malsesar Vs. Maji Govind Kanwar as reported in the R. L. W. 1962 at p. 87, wherein the Board has held that the Jagir Commissioner alone has to decide disputes inter se between the parties if any arising when dealing with a list of private property under sec. 23 sub-sec. (1) of the Jagirs Act, 1952.

(2.) IN view of this difference of opinion between the two Division Benches, we are called upon to adjudicate whether the inter se disputes between the Jagirdar and any other person relating to the private properties as mentioned in sec. 23 (1) of the Jagir Act are to be decided by the Jagir Commissioner or by the Civil Court. Shri P. D. Kudal appearing on behalf of the State frankly conceded that in view of the decision given by the Rajasthan High Court in the case of Mahipal Singh Vs. The State of Rajasthan as reported in R. L. W. 1962 at p. 201, the controversy has been set at rest by holding that the inter se disputes are not to be settled under an enquiry under sec. 23 of the Jagirs Act by the Jagir Commissioner between the Jagirdar and any other person. Shri Agrawal, Shri Dhonkal Singh and Shri N. S. Chordia appearing on behalf of the private persons and Jagirdars also frankly admitted that disputes relating of the private property inter se the Jagirdar or any other person are not to be decided by the Jagir Commissioner. For them the only proper forum is the Civil Court. Therefore, the only ruling which holds the view that the Jagir Commissioner alone has the jurisdiction and power to decide inter se disputes is that which is reported in R. L. W. 1962 p. 87 of Thakur Dan Singh Malsesar Vs. Maji Sahiba Govind Kanwar and six others.