RANAWT JAI SINGH Vs. RANAWAT PARTHIRAJ SINGH

JUDGEMENT

(1.) THIS appeal against an appellate order of the Additional Commissioner, Jodhpur, dated 26.7.1954 arises out of a suit filed by the appellant for recovery of possession of his share of the grant against the respondent. The suit was decreed by the S.D.O. but was rejected in first appeal by the lower appellate courts

(2.) WE have, heard the learned counsel appearing for the parties and have gone through the record as well. The facts of the case have been set out at length in the judgment of the learned Additional Commissioner and hence need not be repeated here. The only question involved in this second appeal before us relates to the interpretation of sec. 7 of Chapter IX of the Rules and Regulations for the jagirdars of the Sirohi State, 1923. This section runs as follows: - "Escheat: Failure of heir - 7. If there is no lineal descendant in the male line existent of the 'original grantee' of the jagir or the hukamnama panti, such jagir or hukamnama panti shall escheat to the State, similarly if there is no lineal descendant in the male line of the 'original grantee' of a chhutbhais' panti, such panti shall escheat to the nearest headman of the family within the jagir."