MAHARAJA TEJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHRI Tejraj appellant has filed this appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act against the order of the Additional Jagir Commissioner,, Jaipur dated 27-12-1962 declaring some properties as the personal property of the appellant ex-jagirdar on resumption of his jagir lands. The appellant claimed that item 30-A of the list of the personal property filed by him was a Fort-wall and should be declared as his personal property. The Jagir Commissioner, after due enquiry, came to the conclusion that the item No. 30-A of the list was not a Fort-wall but a City wall of the appellant's jagir village and as such a thing of public utility which could not be declared as the personal property of the appellant.

(2.) THE counsel for the appellant in the present appeal contends that the wall comes within the ambit of sec. 23 of the Jagir Act and it is saved from being resumed under sec. 22 of the Act. It was constructed and maintained at the expense of the appellant ex-jagirdar and his ancestors. THE counsel for the appellant cited the definition of building given in Blacks Law Dictionary which means an edifice or a structure. THE Government Advocate's reply was that the city-wall could not be termed as a building much less the private building of the ex-jagirdar. It encloses the houses of the residents of the village and as such could not be deemed as private.