JAGJIT SINGH Vs. BHURA RAM

JUDGEMENT

(1.) THIS is an appeal against an appellate order of the Additional Commissioner, Jodhpur, dated 4th December, 1954, in a case under sec. 85 of the Marwar Tenancy Act, 1949.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. The first question that arises for determination in the case is as to whether any notification under sec. 85 (1) of the Act has been issued by the Government or not. As observed by the Rajasthan High Court in 1954 R. L. W. 459 (Prabuda vs. State of Rajasthan) sec. 85 of the Marwar Tenancy Act does not stand repealed by anything contained in the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, as it is not merely a procedural section. "it gives power to Government to declare by notification that there is a general refusal to pay rent in a particular area and then provides an alternative mode of realisation of rents in that area". On being questioned by us the learned counsel for the appellant clearly stated that no such notification in respect of this area has been issued by the Government. Naturally we therefore, desired the learned counsel to address us on the question as to whether any action contemplated in this section could possibly be taken in the absence of any such notification. The learned counsel wanted an adjournment on the point. On being pointed out to him that the case was adjourned for this purpose on the last hearing the learned counsel still insisted on an adjournment. The learned counsel for the respondents strongly opposed this request and we feel constrained to observe that the request for adjournment does not appear to be based on any sound or substantial ground. As is clearly laid down in sec. 85 (2), the Deputy Commissioner or any other Revenue Officer can take action with regard to the collection of rents as arrears of land revenue only when a notification under sec. 85 (1) is issued by Government. The lower courts refused to taken any action on the consideration of the question as to whether any rents are payable to the appellant or not. In our opinion, it is not at all necessary to examine this question at this stage for the obvious reason that the Government has issued no notification as yet under sec. 85 (1) of the Marwar Tenancy Act and the subordinate Revenue Offices can assume no jurisdiction in the matter to collect rents as arrears of land revenue. For these reasons, we hold that there is no sub-stance in this appeal which is hereby rejected. .