RAO BRIJ MOHAN Vs. RAO NIRANJAN LAL

JUDGEMENT

(1.) IT is proposed to dispose of the above mentioned two appeals by this common order as they arise from the same order of the Deputy Collector Jagir, Jaipur, dated 17. 5. 62 whereby while holding that the matter of succession to this estate should be decided under the Rajasthan Jagirs Decisions and Proceedings (Validation) Act, he directed that the contending claimants for the compensation to be awarded in respect of the Jagir should have their title decided by the Civil Court.

(2.) THIS case has had a long and chequered history. The succession opened on the death of Heeralal muafidar of Bidarka in 1944, when Niranjanlal applied for the mutation of the Matmi in his favour on the ground that he was not only the adopted son of the deceased, but also belonged to the senior line. THIS application was opposed by Govind Narain who claimed to be the nearest collateral of the deceased. After making the necessary enquiries, the Nazim made a recommendation in favour of Niranjan Lal. The Deputy Commissioner also supported this recommendation and sent up the papers to the Board of Revenue of the erstwhile Jaipur State. The Board of Revenue, however, accepted the contention of Govind Narain, and held him entitled to the Matmi of Heera Lal vide its order dated 28. 6. 48. At the same time the case was submitted to the Cabinet for the interpretation of R. 14 of the Jaipur Matmi Rules. In the meantime, the erstwhile State of Jaipur merged in the State of Rajasthan and the matter again came up for consideration before the Board of Revenue constituted under the Ordinance of 1949. On 14. 7. 51, the Board sanctioned the Matmi in favour of Govind Narain. The sanction of the Raj Pra-nmkh was also received on 6. 9. 54. Having felt aggrieved by this order of the Board of Revenue, Niranjan Lal filed an appeal before the Government which was rejected. He then filed a writ petition before the Rajasthan High Court. Vide its order dated 31. 3. 55, the Rajasthan High Court quashed the order of the Board of Revenue and held that it was a claim triable by a Civil Court. In the meantime, the Jagir was resumed on 1. 1. 1955. On 23. 7. 55, the Jagir Decisions and Proceedings (Validation) Ordinance was promulgated. THIS was replaced by the Rajasthan Jagir Decisions and Proceedings (Validation) Act on 5. 11. 55.

(3.) IN this matter a decision of the High Court dated 8. 2. 1961 is amply clear, because due the special legislation of the Validation Act 1955, the Civil Court's jurisdiction was barred. Therefore, this matter of succession to a jagir prior to its resumption must be decided in accordance with the forum created by the Validation Act, 1955 i. e. by the Revenue Officers. Sec. 37 sub-sec. 2 of the Jagir Act also lavs down that every question referred to in Sec. 3 of the Rajasthan Jagir Decisions and Proceedings Validation Act, 1955 shall be enquired into and decided by the Revenue Officer or Court declared by the provisions of that Act competent to do so. It is an admitted fact that the dispute with regard to succession of this muafi of Bikarda arose in 1944 i. e. prior to resumption and not subsequent to the resumption of that jagir and therefore the pending case of succession between Rao Brij Mohan and the descendants of Govind Narain should have been decided by the Revenue Officers in accordance with the provisions of the Rajasthan Jagir Decisions and Proceedings Validation Act and not by the Deputy Collector Jagir exercising the power of the Jagir Commissioner u/s 37 of the Jagir Act, relating to the question of right, title and interest in any jagir land. This was also not a case u/s,38 of the Jagir Act of 1952 by which compensation payable to a Jagirdar who dies before the full payment of such compensation has to be disposed of by the Collector upon an enquiry, but in case of dispute the Collector has to direct the claimants to have their respective title adjudicated upon by the competent Civil Court. Thus the Collector, Jagir committed a manifest error of law in directing the Parties to go to the Civil Court for getting the dispute decided. Therefore, I agree with the conclusion arrived at by my learned colleague, setting aside the order of the Deputy Collector, Jagir who directed that the right to the payment of compensation be adjudicated by a civil Court. The case is therefore remanded to the Collector Jaipur u/s 37 sub-sec. 2 of the Jagir Act to dispose of the question of pre-resumption succession of the Jagir of Hiralal in accordance with the then existing Jagir law exercising the powers and jurisdiction conferred upon him and the other Revenue Officer under the Rajasthan Jagir Decisions and Proceedings Validation Act, 1955.