KARAN SINGH Vs. MANOHAR SINGH

JUDGEMENT

(1.) THE facts of the case may be briefly summarised thus : -

(2.) SHRI Ranjit Singh, Jagirdar of Solia-ki-Mandri died on 25. 4. 54. The grant, however, now stands resumed since 23. 8. 54 under the Rajasthan Land Reforms and Resumption of Jagirs Act. Two claimants both being sons of the deceased grantee claimed succession to the grant - Manohar Singh being the eldest son and Karan Singh being the younger one. The S. D. O. Ballabhnagar after making necessary enquiries through the Tehsildar proposed that according to the custom prevailing in the former State of Udaipur, Manohar Singh the eldest son was entitled to succeed. The younger one filed objections before the Collector on 24. 4. 54. His contention was that the elder brother Manohar Singh had executed a document in Svt. 1965 surrendering his claim to the Jagir. The Collector, Udaipur held that there could be no relinquishment with regard to a State Grant and that the claim of the younger brother as against the elder one was devoid of all substance. Accordingly mutation in favour of the elder brother was recommended by the Collector to the Jagir Commissioner who after making enquiry from Bakshi Khana recommended the proposal of the Collector to the Revenue Minister. The Revenue Minister accepted the recommendations of the subordinate officers and sanctioned succession in the name of Manohar Singh. Karan Singh filed a review petition before the Revenue Minister which was transferred to the Board in view of the provisions contained in sec. 4 (g) of the Rajasthan Jagir Decisions and Proceedings Validation Act which had come into force in the meanwhile. This review petition was allowed by a Bench of the Board on 8. 2. 57 and hence this case has come up for hearing before us.