SHIV SINGH Vs. HARJI RAM

JUDGEMENT

(1.) THIS revision petition has been directed against an appellate decision of the Additional Settlement Commissioner, Rajasthan Jodhpur, dated 14. 7. 1956 in a case relating to entries in the Record of Rights to be prepared during the settlement operations.

(2.) THE facts of the case have been detailed carefully by the learned Additional Settlement Commissioner and we may, therefore, refer to them briefly. THE proceedings commenced with an application presented by Harji Ram Arjun Ram etc. opposite-party before the Tehsildar Jagir of the former Jodhpur State on 1. 10. 1946 wherein it was stated that three fields known as Jao, Bari and Kherh in village Nokha Jodha had been in their possession since 13 or 14 years ; that the Amin had wrongly entered in the Khasra the word sal-ba-sal; that the entry was manifestly wrong and hence the same may be corrected. Shiva Singh, Jagirdar, who is the applicant before us contested this application with the plea that the fields in dispute were his Khudkasht land ; that during his minority the opposite-party cultivated them for some years but that during Svt. years 2000 to 2003 they had been in his possession and hence the claim set up by the opposite-party deserves rejection. THE Settlement Tehsildar by his decision dated 4. 7. 1948 held that the opposite-party were in possession over the land in dispute Svt. year 1990 to 1999 but that they went out of possession through 'razinama' dated 12. 8. 1944 ; that the Jagirdar remained in possession during Svt. years 2000 to 2002 and as the opposite-party did not complete 12 years possession they cannot be regarded as Khatedar tenants in the Record of Rights. To appreciate the significance of the actual length of possession we may refer to a notification published it. the Jodhpur Government Gazette dated December 7, 1946. This notification is contained in the file of the lower appellate court. After enumerating the documents which were to be prepared during the Settlement operations the notification lays down the principles approver by the Government for recording certain tenants as 'khatedars whose rights and liabilities will be defined in a tenancy law' one of the class of tenant to be included in this category comprised those tenants who were residing in the village and had been in cultivatory possession of the land for more than 12 years. It was with reference to this notification that the Settlement Tehsildar refused to record the opposite-party as Khatedar tenants. Harji Ram went up in appeal against « this decision of the Settlement Tehsildar before the Settlement Officer, Jodhpur on 4. 7. 1948. This appeal was decided on 3-10 1950. THE Settlement Officer observed that Harji Ram was in cultivating possession in Svt. 2001 also and hence the total period of his possession came to 12 years which entitled him to be entered as Khatedar tenant. He accordingly reversed the decision of the Settlement Tehsildar. A second appeal was filed against this decision before the Additional Settlement Commissioner which was decided on 26. 12. 1931. This decision was to the effect that the order of the Settlement Officer dated 3. 10. 1950 was untenable and that the land in dispute should be declared as 'sir' [land, within the meaning of sec. 6 of the Marwar Tenancy Act. A revision was filed against this decision of the Settlement Commissioner in the Board. It was decided on 7. 1. 1954 by a Bench of the Board to which one of us was a party. It was pointed out by the Board in its judgment that the Additional Commissioner bad considered the provisions of sec. 6 of the Marwar Tenancy Act, 1949 without going into the other relevant provisions of the law on the subject, THEse legal provisions were clearly set out in the decision of the Board and the case was remanded to the Additional Settlement Commissioner for deciding the second appeal afresh in the light of the observation made in the judgment of the Board. THE learned Additional Commissioner has as a result of re hearing upheld the decision of the Settlement Officer dated 3. 10. 1950 whereby the opposite-party were recorded as Khatedars. Hence this revision.