NARAIN SINGH Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) THIS case relates to matmi. The last matmi holder Bhagwan Singh of Istmurari village Baretki, in Tehsil Mahua, District Sawai Madhopur, expired on 10. 6. 51 and his son Narain Singh applied for matmi on 23. 6. 51. The Assistant Collector, after enquiry, recommended resumption on the ground that the grant was given in svt. 1895 during the period of minority administration and therefore the case was covered by the provisions of sec. 18 of the Jaipur State Matmi Rules. The Collector and the Board of Revenue also agreed with this recomm-endation and the case was submitted by the Board of Revenue on 10th December 1954, to the Government for the sanction of H Highness the Rajpramukh. The case was pending consi-deration when the Rajasthan Jagir Decisions Proceedings (Validation) Act, 1955, came into force and as such it has again come up before us for decision under sec. 4 (d) of this Act

(2.) WE have heard the learned counsel for the party and have gone through the record of the case as well Village Baretki was originally given in grant to one Bahadur Singh son of Badan Singh in Svt. 1821 but it was resumed in Svt. 1831 as Rao Bahadur Singh left Jaipur State and went over to Alwar. In the Dewani Huzuri record of Jaipur State this village is not shown in Jagir from svt. 1871 to 1874 and in the record of Svt. 1875 it is shown in the list of khalsa villages. Again in the record of svt. 1881, it has been shown as a khalsa village. In svt. 1895, this village has been shown in Ijara Istumrar of Bharat Singh belonging to the stock of Kalyanot. The Superintendent, Dewani Huzur Office has pointed out that in the record prepared during regency in Svt. 1904 & 1907, there is no mention of the grant of this village but in the lists prepared in Svt. 191 land Svt. 1922 there is a mention that village Baretki is on Istumurar tenure.