GHASILAL Vs. SANTOSH CHANDRAJI GURU

JUDGEMENT

(1.) THIS is an appeal against a decision of the Divisional Commissioner, Udaipur, dated 30. 10. 1954, in a case "regarding dispute regarding possession of land of Shri Parashnathji-ka-Mandir, in village Begun. "

(2.) WE have heard the learned counsel appearing for the parties and have gone through the record as well. In view of the order that we are making in this case nothing need be said about the merits at this stage. The proceedings commenced with a letter issued by the Superintendent Court of Wards and Jagir Department of the former Rajasthan on 19. 3. 1949 to the Munsarim Begun forwarding a copy of the application presented by Ram Sukh and Kalu Sevaks wherein it was alleged that they had been wrongfully dispossessed from their Kharam land by the Jagirdar. After necessary enquiries by the Munsarim of the Court of Wards the papers were eventually forwarded to the S. D. O. Begun on 13. 1. 50. On 31. 1. 1951, when the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, came into force the case was pending before the S. D. O. on 19. 9. 1952 the S. D. O. submitted the papers to the Collector with the recommendation that the jagirdar had obtained wrongful possession over the land in dispute and that the Sevaks were entitled to restoration. The Collector after obtaining further information from the S. D. O. concerned forwarded the papers to the Commissioner On 28. 10. 1953, endorsing the views expressed by the S. D. O. On 14. 7. 1954 the Commissioner sanctioned the proposal of the subordinate officers and as regards the question of Muafi the institution of a fresh enquiry was ordered by him. On 8. 9. 1954, the respondent applied before the Commissioner who after issuing notice to the parties revised his previous order and passed a fresh order on 30. 10. 1954, the operative portion of which may be quoted as below : - "the case has been heard, it is right that under these circumstances the land Was ordered to be given to Yati by the order of the Mehktma khas. As such the land vests with Yati and if the Sevaks have any objection they must move the proper authorities for change of possession. The previous order issued by this office is vacated regarding giving possession to Sevaks. " The Sevaks have come up in appeal against this order before the Board.