STATE OF RAJASTHAN Vs. NANU LAL

JUDGEMENT

(1.) THIS is an appeal by the State of Rajasthan against the judgment and decree of the District Judge, Jaipur, dated 22 -3 -71 in a suit for damages.

(2.) BRIEFLY stated, the relevant facts of the case are that the plaintiff, respondents Nanulal and Mst. Surajbai were the jagirdars of village Ladpura in Tehsil Lalsot. Their jagirs were resumed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, hereinafter to be referred as the Act. At the time of the resumption of the jagir, they did not possess khudkasht land and as such they applied to the Deputy Collector, Jagir, Under Section 14 of the Act for the allotment of khudkasht land. After considering their claim, the Collector, Jaipur, vide his order dated 12 -10 -61 allotted land measuring 120 bighas situate in (sic) Ghatelav, tehsil Dausa, district Jaipur, to the plaintiffs and one Kapoorchand as khudkasht land. This allotment order was received by the plaintiffs on 14 -11 -61 from the Deputy Collector, Jagir On 18 -11 -61 the plaintiffs applied to the Tehsildar, Dausa that they mighc be given possession of the khudkasht land allotted to them. The Tehsildar sought some clarification from the Collector, Jagir. The plaintiffs sent reminders to the Deputy Collector, Jaipur, but no reply was received from them. Ultimately, the State Government vide us letter dated 12 -10 -65 informed the Collector, Jaipur, that the land in question was meant for Harijans and therefore cannot be allotted to the plaintiffs. The plaintiffs along with Kapoorcnand filed a writ petition before this Court under Article 226 of the Constitution of India for quashing the Government order dated 12 -10 -65. this Court vide its judgment dated 13 -3 -68 allowed the writ petition and quashed the order dated 12 -10 -65 passed by the State Government. It further appears that thereafter the State Government handed over possession of the allotted land measuring 120 bighas to the plaintiffs and Kapoorchand sometime in the month of July 1968. The plaintiff thereafter brought the present suit out of which this appeal has arisen for the recovery of Rs. 14700/ -, as the damages for withholding the possession of the allotted land. The details of the plaintiffs' claim are as follows:

(3.) I first take up the appeal filed by the State of Rajasthan. In the first place, it is contended that Kapoorchand was a necessary party in as much as the land measuring 120 bighas was allotted by the State of Rajasthan jointly to the plaintiffs and Kapoorchand. In my opinion, there is no substance in the above contention. The two plaintiffs and Kapoorchand were jagirdars of village Ladpura, each having one third share in the village. The allotment was no doubt made jointly to the two plaintiffs and Kapoorchand but since each of them had a defined share, each was entitled to 40 bighas out of the allotted land. This position has not been specifically denied by the defendant in its written statement. Again, the plaintiff Nanulal in his statement has clearly deposed as PW 1 that in the jagir village Ladpura there were three co -sharers each having one -third share. He has also stated that he is one of the co -sharers and the other two co -sharers were Kapoorchand and Mst. Suraj Bai Since Kapoor Chand had a defined share in the land allotted by the State Government, he was not a necessary party to the present suit.