CHANDRA KANWAR Vs. UDA

JUDGEMENT

(1.) THESE four appeals raise an identical question of jurisdiction.

(2.) THE facts out of these appeals arise are similar though not identical. In each of these cases, the plaintiff or plaintiffs claim to be Bapidar of certain agricultural lands which were situated in the former State of Mewar. It is further alleged that these persons were recorded as such in the settlement of Smt. 1998 but that the defendant who is the same in all these cases had got the Khadam right recorded in her name in 1957 A. D. , obviously after the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) had come into force. At this stage it may be convenient to read the definition of Khadamdar in the Kanoon Maal Mewar, 1947 (Act No. 5 of 1957 ). Translated in English this definition reads as follows : "a Khadamdar or a Bapidar tenant is one who has been entered as such in the Khasra or Jamabandi or the Patta of certain land in a village. A Khadamdar's right is heritable according to law or custom. He will also have a right to sell, gift, mortgage or bequeath his rights to any one he likes. Further he will not be ejected until he pays the rent of the land regularly. " THE plaintiffs, however, claimed that they be declared as respective owners of the land or lands in question.