SHIV NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a reference from the Division Bench consisting of Sarvshri M. U. Menon and Z. S. Jhala on the point of law arising out of an appeal in the case of Shri Shiv Narain vs. The State of Rajasthan.

(2.) THE reference has not been precisely framed by the aforesaid Division Bench. However, the purport of the reference to this larger Bench could be briefly stated as follows: Whether the effect of proviso to clause 2 of the, Second Schedule of the Jagirs Act 1952 is that a fixed sum of money which was received or would have been received by a Jagirdar from any person in respect of any of the aforesaid heads of income mentioned in Schedule II should be allowed to Jagirdar and be substituted for the income from any such head notwithstanding anything contained in cl. 3 of the same Schedule, or, whether in the alternative, the rule laid down by an earlier Division Bench in appeal No. 43 of ,1960 (District Chittorgarh), Shri Udailal s/o Nandlal vs. THE State of Rajasthan decided on 6. 1. 1961 be followed, wherein it was held that, the proviso to cl. 2 of the Second Schedule, would not govern the provisions relating to the income from rent as it would lead to an absurd result. If this were allowed it would mean that whatever might be the assessed rate of rent, a jagirdar would always circumvent it by requiring a tenant to enter into an agreement for a different rate or rent. This interpretation allowing the difference in land rate, will also negative the salutary principle of fixity of rent. In other words, the reference would mean whether the income from rent and revenue should continue to be calculated under cl. 3 of the Second Schedule on the basis of the principle laid down in secs. 6 and 7 of the Jagirs Act, where the jagir land is settled or unsettled respectively, or whether the jagirdar should be allowed to claim a fixed sum of money which he was receiving or would have received from his tenants over and above the prescribed rent rates or the rent rates assessed in unsettled jagir lands on the principle laid down in sec. 7 of the Act.