RAO MANOHAR SINGH Vs. AMBALAL

JUDGEMENT

(1.) THE circumstances that give rise to this second appeal may be stated as follows - On 19. 9. 37 a Hindi order was issued by the Mahakma Khas of the former Mewar State to the effect that one Mosal Jamnalal Muafidar had presented a petition against Rao Manohar Singh alleging his wrongful dispossession respect of his muafi land, that Rao Manohar Singh when questioned replied that Jamna Lal could not produce any document or Patta to establish his muafi as he could produced only a "uthantri" which could at the most show possession that there was another muafi land as well in possession of Jamnalal and an enquiry was needed in that case. It may be made clear at this stage that Jamnalal complained about wrongful dispossession from some other piece of land against Rao Manohar Singh other than that in dispute. What became of that complaint cannot at all be gathered from these proceedings. This enquiry was directed against the other muafi land situated in village Aiad. During the course of this enquiry the Tehsildar Girwa reported on 30. 6. 38, that this muafi land measuring 8 bighas and 2 biswas should be made khalsa as Jamnalal failed to produce any Patta. But considering the long possession it was suggested that he may be made the Kharam holder. No final orders could be passed on this report and in the meanwhile Rao Manohar Singh applied to the Tehsildar that the land may be given to him for cultivation pending decision of the case. This request was granted and Rao Manohar Singh was given possession of the land after he had given an undertaking in writing on 10. 7. 40, that he would not appose possession of the land to Jamnalal if Kharam be eventually sanctioned in his name.

(2.) ON the formation of Rajasthan. The Revenue Secretary vide his letter No F 4 (370)Rev. 1/50 dated 7. 2. 51 addressed to the Commissioner, directed that enquiry into muafi cases was a huge task which could be properly attended to during settlement operations and till then all the pending cases should be consigned to records. Muafi lands which are under attach-ment should he restored and the incomes that may be in deposit should also be given to them. ON the strength of this decision of the Government of Rajasthan Kanhiyalal a nephew of Jamnalal applied to the Tehsildar for restoration of his land along with the deposited income. The Tehsildar agreed with this request and sought sanction from the S. D. O. The S. D. O. agreed with the recommendation of the Tehsildar and put up a detailed note to the Collector on 27. 7. 54. The Collector accepted the recommendations made by the S. D. O. and issued orders to the Tehsildar directing him to dispossess Rao Manohar Singh and to restore the land to the muafidar. Rao Manohar Singh put up his objection to the S. D. O. , Udaipur, on 17. 1. 55 seeking an opportunity of being heard through his counsel The S. D. O. after hearing the parties forwarded the papers to the Collector who again ordered that Rao Manohar Singh be dispossessed and the land be restored to the muafidar. Rao Manohar Singh went up in appeal against this order of the Collector, dated 25. 5. 55, before the Additional Commissioner who upheld the decision of the Collector. Hence this second appeal before the Board by Rao Manohar Singh.