UDARAM Vs. AMAR SINGH

JUDGEMENT

(1.) THE circumstances that give rise to this revision may briefly be summarised thus. In village Arnaya, tehsil Sanchore a dispute existed between the then Jagirdar and the cultivators regarding the realisation of rent in Svt. 2010. THE Jagirdar presented an application before the Revenue Minister Rajasthan and the same was forwarded to the Collector Jalore on 16 2 53 with the direction that the Revenue Authorities should help the Jagirdar in realising the rent in Kunta for Svt. 2008 and 2009 and for Svt. 2010 according to custom. THE Collector forwarded the papers to the S. D. O. Bhinmal for compliance who on 16. 2. 54 ordered that the cultivators should do 'lata' according to the prevailing custom. While these proceedings were pending another letter No. F. 4 (147 Rev/1954 dated March 1954 was received from the Revenue Minister desiring that Kunta should be made for Svt 2010. THE S. D. O. forwarded these papers to the Tehsildar Sanchore who deputed one Abheyraj for Kuntas. Abhey Raj presented his report before the Tehsildar. It may also be stated here that one Moolraj was deputed by the S. D. O. Bhinmal for making kuntas and his report also was presented before the Tehsildar. THE Jagirdar also produced a Kuntanama. After recording the evidence of the parties the Tehsildar by his dated order 5. 12. 55 rejected the Kuntanama of Abheyraj and the Jagirdar. He, however, relied on the report of Moolraj and granted a decree in favour of the Jagirdar against the cultivators to the extent shown in the Kuntanama prepared by Moolraj. Both the parties went up in appeal before the Collector, Jalore who rejected the same. THEreafter second appeal and a cross appeal were filed before the Additional Commissioner who also rejected the same and confirmed the decree of the Tehsildar. Hence this revision.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. The proceedings that give rise to this revision evidently started under sec. 4 A of the Rajasthan Produce Rent Regulating (Second Amendment) Act of 1953 (hereinafter called the Act ). It is provided therein that when the rent is payable by a division of the produce or is based on an estimate or appraisement of the crop then if either the land holder or the tenant neglects to attend at the proper time or if there is a dispute about the division, quantity or value of the produce, the Tehsildar may on the application of either party proceed to make or depute an officer to make the division, estimate or appraisement. After sec. 4-A follows sec. 4-B which provides the procedure. The Tehsildar has to issue a written notice to the opposite party to attend on a date, time or place specified on the notice. Thereafter if the Tehsildar decides himself to make the division, estimate or appraisement he has to go to the place specified in the notice on the date so fixed, hear the parties, record their objections and inspect the produce or the crop. The Tehsildar has then to decide all objections and divide the produce in such a manner as he thinks best and equitable. Where the rent is based on an estimate or appraisement of the crop, the Tehsildar has to make an estimate of the value of the crop; determine the amount to be paid and pass an order for the payment of such amount and costs, if any, and such an order has the effect of a decree of arrears of rent. Where, however, the Tehsildar deputes another officer to make a division or an appraisement a slightly different procedure is provided. This officer has to appoint assessors to assist him in the division of produce or in the appraisement of the crop. He has to record the opinion of the officers before making what is called his award. If it is a case of a division of the produce and the parties agree to the manner of the division proposed by the the officer the division shall be made accordingly. But if the parties do not agree to such manner of division and in all cases in which the rent is based on an estimate or appraisement of the crop the officer shall make an estimate of the value of the produce or crop and determine the amount to be paid and submit his report to the Tehsildar. Thereafter the Tehsildar issues notice to the parties to file objections before him. After hearing the objections and making further enquiry as may be necessary the Tehsildar may confirm, modify or set aside the award, and if any amount is found due, pass an order for the payment of such amount and such order shall have effect of a decree for arrears of rent.