(1.) RAJA Pratapsingh appellant has filed this appeal u/s. 39 of the Jagirs Act, 1952 against the order of the Jagir Commissioner, RAJAsthan Jaipur dt. 12-11-1963. The facts of this case are not in dispute. Briefly the facts are that the village Ugarpura was the jagir of Lichhana Thikana. In Smt. 1855 this village Ugarpura was given on Ijara to Thikana Kuchaman on an annual payment of Rs. 701/- in 'jhadsai' equivalent to Rs. 401/- into kaldar. The amal ki chithi continued to be held by the jagirdars of Lichana Umed Singh and the other respondents. When the jagir of Kuchaman was resumed, the appellant as the holder of this jagir also claimed compensation of the village Ugarpura held by him in ijara. This claim of the appellant was contested u/s 37 of the Jagir Act by the respondents claiming right, title and interest in the village Ugarpura, alleging that they were the jagirdars of the land of the village and the appellant, Thakur of Kuchaman was merely an ijaredar. They should be paid the compensation.
(2.) THE Jagir Commissioner after inquiring into this matter and hearing both the parties came to the conclusion that the ijara of the village Ugarpura was never recognised by the rulers of Jodhpur State. THE agreement of the ijara was only between the two scheduled jagirs which came to an end on the date of resumption. For all purposes the jagirdar of Lichana was the recognised jagirdar of village