STATE OF RAJASTHAN Vs. AMAR SINGH

JUDGEMENT

(1.) THIS is the State Government's appeal No. 91/1964 against the decision of the Jagir Commissioner, dated 28. 7. 1964. Amar Singh, respondent, in this appeal has also filed a cross-objection No. 2/1965 against the same decision of the Jagir Commissioner referred to above. The appeal and the cross-objection being connected with the same decision were consolidated and heard together. THIS single order disposes of both the appeal and the cross-objection.

(2.) A preliminary objection was raised by the counsel for the respondent, Shri Amar Singh, that the decision of the Jagir Commissioner dated 28. 7. 1964 against which the present appeal and the cross-objection were filed, had been reviewed on an application filed by the respondent on 24. 9. 1964, by the Jagir Commissioner on 8. 12. 1964, and thus the earlier decision of the Jagir Commissioner no longer stands and that the appeal and the cross-objection have thus become infructuous. To this objection, the reply given by the Government Advocate was that in the present appeal before the Board, the income from grazing and non-agricultural uses of land assessed by the Jagir Commissioner has been assailed by the Government. The review order, subsequently passed by the Jagir Commissioner, does not deal with the two matters assailed in the appeal, but refers to other matters such as reduction of debt etc. Thus the appeal of the State Government stands and does not become infructuous. In support of this argument he cited two previous decisions of the Board of Revenue in the State vs. Ranjit Singh (No. 34/1960 Nagaur) decided on 28. 8. 1962, and the State vs. Maharaj Kumar Jaswant Singh (Appeal No. 13/1963 of Alwar district) decided on 30. 4. 1965.