Decided on April 18,1960



- (1.)THIS appeal under section 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 against the order of the Jagir Commissioner, Rajasthan, Jaipur dated 4. 7. 59, has been preferred on the ground that the rental income for the Jagir has not been fixed in accordance with the provisions of the law in this behalf. We have beard the learned counsel for the parties and examined the record also.
(2.)THE argument of the learned counsel for the appellant is that his Jagir being admittedly an unsettled jagir the date of resumption, the rental income there of should have been' computed in accordance with the provision of section 7 of the Act and the Rules 3 to 9 of the Rules made thereunder, which have not at all been followed while determining this amount. THE learned counsel for the respondent has frankly conceded this point, not being able to find on record anywhere that the statement of rental income furnished by the Jagirdar had been examined in accordance with the provisions laid down in the Rules and the representation of the Jagirdar against the report of the Enquiry Officer had been heard by the Collector in accordance with the same. THE principle No. 3 of the Second Schedule of the Act lays down that the income from rent shall be calculated in accordance with the provisions of sections 6 and 7 of the Act. Section 6 deals with the income of the Jagir which is settled at the date of resumption. Section 7 deals with the income of a Jagir which is not settled at the date of resumption. THE Collector is required by this section to issue a notice calling upon the Jagirdar to furnish the statement of income from rents and when such a statement has beep received, the Collector is required to enquire into the same in accordance with such principles as have been prescribed by rules referred to above. THE Collector, can, if the statement has not been received by him within the period specified in the notice, prepare the statement himself or have it prepared by an officer subordinate to him after such enquiry as the Collector may deem necessary or such examination as the officer may deem necessary. THE officer making an enquiry or examination may examine witnesses and receive and admit evidence, revenue records of the Jagirdar concerned, receipts of rents and other documents produced by or on behalf of such Jagirdar, his tenants and other persons and shall have and my exercise all the powers vested in and exercisable by a Revenue Court while trying revenue suits or case. At every such enquiry and examination the Jagirdar may appear in person or by a recognised agent and the Collector may, if he considers it necessary, require some officer subordinate to him to represent the Government's interest. THE officer other than Collector, after finishing the examination, shall record his finding on relevant matters, furnish to the Jagirdar and to every other person representing the Government at such enquiry a copy of such finding free 'of charge and submit entire record to the Collector. THE Jagirdar and the officer representing the Government can submit objections against such finding before the Collector within 15 days of the receipt of a copy thereof. THE Collector is required to hear the Jagirdar and the representative of the Government with respect to any such objection as well as the finding itself and is required also to hold further enquiry if it be found necessary and then alone determine the annual income under section 7 of the Act. We find that these provisions have not been followed in the present case and the record of the jagirdar has not been looked into even when he has made an application for the same.
We, therefore, accept this appeal, set aside the order of the learned Jagir Commissioner so far as they relate to the rental income alone and remand the case back to him to redetermine the rental income in accordance with the provisions of law keeping in view the observations made above. .


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