PEM SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) THIS appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as the Act) has been filed against an order of the Deputy Collector, Jagir, dated 23. 12. 57 in a case presumably under sec. 38 of the Act.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. Put briefly the facts of the case are that Shri Hanuman Singh, Pattedar of Lakhasar Tehsil Dungargarh, Dist. Churu, died on 20/8/53, leaving behind neither any widow nor any male lineal descendant. Proceedings for grant of his succession were commenced upon a robkar of Tehsil Dungargarh, dated 26. 8. 53. After enquiries by the Tehsildar, Sub-Divisional Officer and the Collector, the case eventually went up to the Commissioner, Bikaner who, by his order dated 15. 6. 65, returned the case with the remarks that as the Jagir had been resumed on 19/3/56, the claimant should obtain a succession certificate and that mutation proceedings should be carried out only after that