HIGH COURT OF RAJASTHAN
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(1.) This appeal has been filed by a State Grantee against an appellate order of Additional Settlement Commissioner, Rajasthan, Jaipur, dated 12 -1 -54 in a case relating to grant of Parcha Chakbandi.
(2.) The respondents did not put up appearance despite notice and hence this appeal was heard ex -parte. The contentions raised before us by the appellants are two fold. One is that no Parchas ought to have been issued in favour of the respondents as the land in dispute lies in the bed of a tank. The other is that even if the Parchas are issued no cash rents ought to be fixed for them and the land should be held subject to Batai rent. As both these contentions are interwoven we will discuss them together.
(3.) Sec. 9(h) of the Jaipur Tenancy Act which has been made applicable to State grants as well by sec. 8 of the Jaipur State Grants Land Tenures Act lays down that Khatedari rights shall not accrue in lands used for casual or occasional cultivation in the bed of a river or land in the bed of a tank which Khatedari Parchas have not been given. It has been argued before us that no Khatedari rights can accrue in land in the bed of a river or a tank on the basis of these provisions. As the sub -section stands it does not connote a total prohibition against the accrual of Khatedari rights in such lands. It stands restricted by the clause, "for which Khatedari Parchas have not been given." Thus it becomes perfectly clear that land which was held by the tenants in their possession on the basis of which Khatedari Parchas can be granted to them under Sec. 8 of the Tenancy Act would not be excluded from the operation of the provisions conjoined in sec. 9 of the Tenancy Act. In the present case, it has been found that the respondents held this land as tenants in possession since prior to the construction of the Bund by the State Government and as such they cannot be deprived of their Khatedari rights. They are clearly eligible to the grant of Parcha Chakbandi.;
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