SUKHDAN Vs. STATE

JUDGEMENT

(1.) This is an appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, against an order of the Jagir Commissioner, dated 25.6.56 rejecting the appellants request for treating them as separate Jagirdars.

(2.) We have heard the learned counsel for the parties an 1 have examined the record as well Evidently this appeal is devoid of all substance. As is manifest from the Mehar Chhap Chhiti, dated Bhadwa, Sudi 13, Svt.1917, issued by the then Government of Bikaner State, this Jagir land was granted jointly to Asu, Seu, Suja. Subsequently the shares of the defendants of the original grantees have been shown as one -third of each line. The appellants have themselves admitted that the Jagir land was never divided by metes and bounds and that the income of the Jagir land was enjoyed by them jointly to the extent of their shares. A similar question was examined by the Hon. High Court of Judicature for Rajasthan in writ petition No. 40 of 1956, Moti Singh vs. The State of Rajasthan, decided on 21.12.1956. It was held therein that it is only an actual division of Jagir lands by metes and bounds and the grant of a separate Mohar Chhap Chhiti that can create a separate Jagir and in the absence of these factors a Jagir should be deemed to be joint even if the various co -sharers agree to enjoy its income by a division according to their shares. For these reasons the appeal is without any force and is hereby reject.