DEVRA JAIMAL SINGH Vs. DEVRA VAGAT SINGH

JUDGEMENT

(1.) THIS is a revision application under sec. 26 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951, against an order of the Collector Sirohi dated 16-3 1953 in a case relating to the execution of an award.

(2.) WE have heard the learned counsel for the parties and have waded through the record. Put briefly the facts of the case are that on 18. 7. 1948 the applicant Zalim Singh, Jagirdar of village Las, submitted an application to the Revenue Minister of the former Sirohi State praying that he and the opposite-party Vagat Singh having agreed to have outstanding disputes relating to Arath Solankia and khasra numbers 1466, 132 etc. decided through an arbitration, by M. Nazir Hussain the latter may be directed to proceed to spot to give his award. It appears that under the provisions of sec. 28 of the Sirohi State Land Revenue Act, 1947 the Revenue Minister directed M. Nazir Hussain to do the needful. After inspecting the spot and making necessary enquiries the Arbitrator submitted his award on 5. 10. 1949 to the Revenue Minister. Notice were issued to the parties to put up their objections,, but nothing could be decided finally because of the non-appearance of the parties. Subsequently, vide Government of Rajasthan notification No. F. (7) Pol-B/50 published in the Extra Ordinary Gazette dated 7. 2. 1950 such parts of the State of Sirohi as were not merged into the State of Bombay were to the deemed to be included in the Jodhpur Division of Rajasthan with effect from 26th January,1950, as provided in the Rajasthan Laws (Application to Sirohi) Act, 1953. On 10. 2. 1950 the Assistant Collector forwarded the papers to the Tehsildar Sheo Ganj for intimating the award to the parties concerned. It appears that on coming to know of the terms of the award, the parties raised objections and the Collector Sirohi after considering them remitted the award on 4. 10. 50 for re-consideration. On 17-3 1951 the arbitrator submitted his award to the Collector which was acceptable to both the parties and bore the signature of the applicant Zalamisingh and Kamdar Tarachand of Vagatsingh, Jagirdar. On 19. 3. 1951, Vagatsingh opposite-party put his signature on the award in token of acceptance of its terms. On 2. 4. 1951 the Collector Sirohi passed the following order on this award - "this is a Panchayat award and there are no objections from either side within 10 days. Therefore a copy of this award be sent to the Tehsildar Shiv Ganj for execution and to submit the report of compliance. " Strangely enough a copy of the previous award was also forwarded to the Tehsil Shiv Ganj for execution on 18. 4. 1951 by the Collector. It may be observed here that both awards are contradictory in certain terms and it is no wonder, therefore, that one Tehsildar interpreted them differently from the other which led to much confusion. The matter was brought to the notice of the Collector by the parties who once refused to look into it but subsequently held that "the Tehsildar should be asked to send back the papers and not to execute the order of the Collector dated 18. 4. 1951. " The applicant has come up in revision before us against this order.