SUKH SINGH Vs. KANWAR GORDHAN SINGH

JUDGEMENT

(1.) TH. Sukh Singh the jagirdar of Pator-ka-Bara whose estate was resumed sometime in 1955, has filed this appeal against an order of the learned Jagir Commissioner, dated 30.11.57 in a case relating to the fixation of maintenance allowance to the respondent.

(2.) PUT briefly the facts of the case appear to be that on the resumption of the estate of the appellant, the respondent being his son filed an application for fixation of a maintenance allowance under sec. 27 of the Rajasthan Land Reforms and Resumption of Jagirs Act The learned Jagir Commissioner fixed a provisional maintenance allowance of Rs. 1715/- p.a. payable to the respondent by his order dated 9.5.56. Thereafter a notice was issued to the appellant to show cause why this amount be not made permanent. The appellant contested it on several grounds. The learned Jagir Commissioner however observed that according to sec. 6 read with sec. 36-A of the Rajasthan Land Reforms & Resumption of Jagirs (Amendment Act, 1956. Act No. VIII of 1957 which was passed on the 4th February, 1957 his decision dated 9.5.56 fixing an interim allowance was final and non-appealable. Commissioner therefore held that in the circumstance he was not competent to open the case. He however observed that the matter could be re-examined at the time of working out the final compensation payable to the Jagirdar. Being aggrieved from this order the present appeal has been filed before us.