CHATUR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the final award made by the Additional Jagir Commissioner on 30. 3. 1960, in regard to the resumed jagir of the appellant.

(2.) THE first ground taken is that in computing the rental income from the jagir the fixed amount received from tenants viz. Rs. 286/13/9 should have been taken into account and not the amount calculated according to the settled rate. A Full Bench of this Board has held in R. R. D. 1966 page 54 (Shiv Narain vs. State of Rajasthan) that in the cases of jagirs which were resumed before the commencement of the Rajasthan Tenancy Act, 1955, the rent agreed to between the landholder and tenant or the settled rate of rent would apply subject to the then existing law, if any, regulating the rent. This means that in such cases the agreed rent would prevail subject to the ceiling of rent laid down by the law regarding rents in force for the time being. THE learned Additional Jagir Commissioner could not have been aware of this ruling and he has decided the case on a basis contrary to the principle laid down by the Board in Full Bench. In holding that the settled rate would apply in the case of this jagir which was resumed before the commencement of the Rajasthan Tenancy Act, it has not been examined whether the settled rate was applicable to the holdings in question in the relevant year. From the record before us we cannot determine whether the holdings in question were subject to the settled rate or not. THE provisions of the Marwar law relating to rents have also not been examined by the learned Additional Jagir Commissioner. THE case, therefore, needs to be remanded on this point for a further enquiry.