JAGAT SINGH Vs. MADAN SINGH

JUDGEMENT

(1.) APPEALS Nos. 2 & 3 of year 1955 arise out of a single partition case and will be disposed of by this judgment.

(2.) PUT briefly the facts of the case are that on 14-5-1936, the Private Secretary to the Maharana Udaipur of the former Mewar State wrote a latter to the Mahakma Khas requiring Ranawat Man Singhji to be detailed to examine the request of Jagat Singh for a partition of the estate Singhar on the spot. Shri Man Singh submitted his report on 23-3-36 and on 10-7-36, the Maharana passed an order that the partition of village Chokhla be carried out half and half and that of Bansi according to the custom prevailing amongst Chhut Bhaiyas. Till the formation of Rajasthan no final decision in the matter could be taken. The only progress that was made in the case was that one Naib Hakim suggested a mode of partition to which objections were raised by the other party and the then Revenue Minister remanded the case back with the direction the all the objections should be enquired into thoroughly and every point of controversy be dealt with separately before carrying out the partition of the estate. On 23-6-53, the Collector. Udaipur, forwarded the case to the S.D.O. Vallabhnagar with the direction that a partition be carried out to ensure equal division of rents between the parties. The S. D. O. summoned the parties on more than half a dozen dates. The last date fixed for inspection of the site was 3-1-54 Jagat Singh was duly informed of this date and on 30-12-53 he applied for a change of the date but that request of his was rejected. On 3-1-54 Madan Singh appeared before the S. D. O. but Jagat Singh was absent. No order dated 3-1-54 is to be found on the order sheet. The S.D.O. however, passed an order on 6-3-54 in which he mentioned that he had inspected the site on 3-1-54 and that on that date Jagat Singh had not turned up inspite of service. By this order a detailed division of the estate was directed giving the khasra numbers which were to fall to the lot of each party. Information about this decision was conveyed to Jagat Singh on 1-4-54, but he refused to accept the same. He however, filed an appeal before the Additional Commissioner on 22-7-54 which was rejected as being barred by limitation. Hence Jagat Singh has come up in appeal before us against this order. In the meanwhile Shri Madan Singh applied for being put in possession in accordance with the mode of partition decided by the S. D. O and this request being granted, possession was actually handed over to him by an order of the S.D.O. dated 9-6-54. Jagat Singh went up in appeal against this order as well, before the Additional Commissioner but met with no success. Jagat Singh has therefore, appealed against this order also.