STATE OF RAJASTHAN Vs. RAJA JAI KUMAR ATAL

JUDGEMENT

(1.) This is a second appeal by the defendant State of Rajasthan against the judgment and decree of the Additional District Judge No. 1, Jaipur City, dated July 17, 1975, reversing the judgment and decree passed by the Additional Munsiff, Jaipur City, dated December 21, 1974.

(2.) The dispute between the parties relates to a plot of land measuring 11 Bighas 5 Biswas situate in front of Jai Mahal Palace in Jaipur. The full particulars of the plot of land are described in paragraph No. 1 of the plaint. It is common ground between the parties that this plot of land was granted to Pandit Amar Nath Atal, the father of respondents Nos. 1 to 3, by His Highness Maharaja Sawai Mansinghji Bahadur of the erstwhile Jaipur State, as a gift by way of "inam grant" vide "patta" dated Kartik sudi 8, Samwat Year 2000, corresponding to October 21, 1940.

(3.) The crucial controversy between the parties before the courts below was whether this "patta" was granted by His Highness Man Singhji Bahadur for residential purposes or for agricultural purposes? The trial court came to the conclusion that the "patta" was granted for agricultural purposes. The learned Additional District Judge reversed that finding and came to the conclusion that the "patta" was granted for residential purposes.