THAKUR JUNJAR KARAN Vs. SUKDEO

JUDGEMENT

(1.) THIS is an appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act (hereinafter referred to as 'the Act') against a decision of the Jagir Commissioner dated 25.1.58 in a case under sec. 37 of the Act. The circumstances that give rise to this appeal may be briefly stated thus: -

(2.) THE respondents instituted a suit on 23rd October, 1939 in the District Court Jodhpur of the former Jodhpur State against the appellant with the allegations that 16 Halvas of land had been given to their ancestor Patel by Rao Jodhaji founder of the former Jodhpur State in village named Patasar and Hemasar (the latter is also known as Bagnawas). This grant was alleged to have been reinforced by Maharaja Ajit Singh of Jodhpur under a copper plate inscription granted to the respondents ancestor Kana in Svt. 1947. It was stated in the plaint that 11 Halvas were situated in village Patasar and 5 Halvas in village Bagnawas. Boundaries of these land were also given in the plaint. It was further alleged that the appellant-Jagirdar of Bagnawas obstructed the tenants of the respondents from carrying on agricultural operations in the afore said land from cutting pala and grass whereupon the respondents instituted a suit in court of the Judical Superintendent Mallani for the relief of a permanent injunction only. As the respondents had been deprived of their possession unlawfully by the Jagirdar during the pendency of that suit a permission was sought by them to amend their plaint so as to include the relief of possession also. This application was somehow dismissed THEreupon the present suit was instituted for a declaration that the plaintiffs were Dolidars with respect to 16 Halvas of land spec-fled in the plaint, for recovery of possession of such portions of their Doli land of which the appellant has taken unlawful possession, for ejectment of the appellant therefrom and for a sum of Rs. 1800/- as mesne profits from 1933 to 1938 A.D. at the rate of Rs. 300/- per year along with further mesne profits from the date of the suit till the delivery of possession.