RAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution by Rawat and 141 others against the State of Rajasthan, the Tehsildar of Phalodi, and Shri vikramsingh and others in connection with proceedings under Section 4a of the rajasthan Produce Rents Regulating (Second Amendment) Act (No. XXII) of 1953 (hereinafter called the Act ).

(2.) THE case of the applicants was briefly this: The applicants are residents of village Bhaniyana in Tehsil Pokran, and are tenants of Shri Vikramsingh and other jagirdars of Pokran. They say that they are liable to pay one-eighth share of the produce of Bajra, Moong, Mouth, Til and Juar as rent to the jagirdar, but that no share of the produce of Guar is payable by them. The share is determined by estimate or appraisement of the standing crop, which is known as Kunta in local parlane. They further say that they were prepared in the year 1953 to have the estimate or appraisement made according to the above share; but the jagirdars demanded a greater share, i. e. , 2/13ths in respect of Bajra and one-sixth in respect of Moong, Mouth, Til Juar and also Guar. Because of this dispute between the jagirdars and the applicants, the jagirdars of pokran made an application to the Tehsildar on 22nd December, 1953, under sections 4a and 4b of the Act. In this application, the jagirdar said that he was entitled to 2/13ths share of Bajra and one-sixth share of other grain, but the 139 tenants against whom this application was made were not willing to have the appraisement made, and were dishonestly removing the crop. Consequently, it was prayed that the Tehsildar should come and make the appraisement.

(3.) THE Tehsildar thereupon issued notices to the tenants fixing 24th December, 1953, as the date for making the appraisement on the spot. Only a few tenants were served for the 24th of December, and therefore the Tehsildar issued further notices on 24th of December for service on the remainder. Eventually the tehsildar made the appraisement in connection with the crop of the 139 tenants between the 25th and the 28th of December, 1953. During these proceedings, a number of tenants made an application to the tehsildar on 28th of December. 1953, in which they said that the jagirdar's share of the crop was only one-eighth except in the case of Guar where the jagirdar was entitled to no share at all. It was also said that the tenants were prepared to agree to an appraisement according to this share and not otherwise. The Tehsildar ordered the tenants, who had made this application, to produce evidence in support of their case on the 2nd of January, 1954. The applicants' case is that they were not informed that they were to produce evidence in sup, port of their application on 2nd of January, 1954. Consequently, they did not appear at Phalodi Tehsil on 2nd of January. Thereupon, the Tehsildar passed an order recording that the tenants were absent, and called upon the jagirdar to substantiate his claim as to the share he was entitled to get.