HARIRAM Vs. ZORAWARKHAN

JUDGEMENT

(1.) THESE appeals arise against an order of the Assistant Collector, Jagir, dated 29. 4. 54 regarding the title of some Kaimkhanis to be treated as jagirdars

(2.) A preliminary objection has been raised as to the maintainability of these appeals It has been argued by the learned counsel appearing for respondents that sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1932 provides for appeals from the orders of the Jagir Commissioner and Collector under sec. 5, sub-sec (2) of sec. 23, sec. 24, Sub-sec. (2) of sec. 25, sec. 26 (A), sub-sec. (2) of sec 32, sec. 36, sec 38 and sec. 38 (b) only and that there is no provision for appeals against the type to which the orders under appeals belong. Sec. 5 relates to assessment of land revenue, sec. 23 deals with private lands, buildings etc. , sec. 24 has been omitted by Act No. XIII of 1954, sec. 25 relates to penalty for recovering rent cess or other dues to which jagirdar is not entitled. Sec. 26 (a) which has been inserted by Act N XI11 of 1954 lays down a list of transfers which arc not to be recognised for the assessment of compensation. Sec. 32 deals with the determination of compensation. Sec. 36 is about interim compensation, and rehabilitation grant. Sec. 38 is with regard to the payment of compensation on the death of a jagirdar. Sec. 38 (b) is not of the four sections appearing in Chapter VII A relating to rehabilitation grant which was also inserted by Act, No. XIII of 1954.