Ayyangar, J. - (1.)Section 4 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (which will be hereafter referred to as the Rajasthan Act) enacts:
"4. All lands liable to pay land revenue. - Notwithstanding anything contained in any existing jagir law or any other law, all jagir lands shall, as from the commencement of this Act, be liable to payment of land revenue to the Government; and as from such commencement, the liability of-

(a) All Jagirdars to pay tribute to the Government under any existing Jagir Law shall cease, and

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The expression 'tribute', the liability to pay which was thus extinguished from and after the commencement of the Act, was defined in S. 2 (r) of that Act in the following terms:
" "Tribute' in relation to a jagir, includes rekh, rakam, chatund, chakri or other charge of a similar nature; and".
In the absence of the above provision the petitioner would have been under an obligation to pay to the Government 'hukamnama' under S. 190 of the Marwar Land revenue Act, 1949 (referred to hereafter as the Marwar Act) which codified the earlier law in that State. The short question that is raised by this petition under Art. 32 of the Constitution is whether the liability of the petitioner to pay 'hukumnama', the nature of which we shall explain later, has been extinguished by the provision of the Rajasthan Act above extracted which, as would be seen, turns on whether such a payment could be comprehended within the expression 'tribute'. Relying on S. 4 (a) of the Rajasthan Act, the petitioner resists the demand of the same made by the respondent- State and impugns the legality of the claim.
(2.)It is necessary to set out a few facts and certain provisions of the Marwar Act to appreciate the matter in controversy. Thakur Nathu Singh ,the Jagirdar of Ras.-a "Scheduled Jagir" under the Marwar Act died in July, 1946, leaving the petitioner, Thakur Bahadur Singh as his next heir. "Scheduled Jagirs" are, under the Marwar Act, impartible and their line of devolution was prescribed by S. 182 thereof which ran:
"Succession shall be governed in the case of scheduled Jagirs by the rule of primogeniture."
The succession, however, was not automatic but had to be recognised by the Government and a renewal granted in favour of the successor before his title to the jagir was perfected. Sections 183-185 of the Marwar Act which are of relevance in this connection ran:
"Section 183. All grants of Scheduled Jagirs are only for the lifetime of the holder, and no person is entitled to succeed to such jagir until his succession is recognized and the grant is renewed in his favour by His Highness.

Section 184, Subject always to His Highness' pleasure, the grant of a Scheduled Jagir, on the death of the holder, shall be renewed in favour of the person entitled to succeed him in accordance with the provisions of this Act.

Section 185 (1). A Scheduled Jagir, on the death of the holder, and until the renewal of the grant in favour of his successor, shall be resumed by the Government and taken under direct management:

Provided that the claimant to succession shall, in the absence of special orders of His Highness be permitted to retain possession pending orders of His Highness regarding the claim, if he is a direct lineal descendant in the male line of the last holder.

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The tile of the petitioner to succeed to the Jagir as the next heir of his father was recognised and a renewal granted in his favour by the Government by an order dated March 18, 1952. Section 190 of the Marwar Act imposes an obligation on a succeeding heir whose title has been recognised and to whom a renewal of the jagir has been granted, to make certain payments. This section runs:
"Section 190(1). When succession to a Scheduled Jagir is recognised by His Highness and renewal of the grant ordered, the person in whose favour the grant is ordered to be renewed shall execute within one month of the communication to him of the orders, a 'Kabuliyat' for payment of Hukamnama and other fees payable in accordance with sub-secs. (2) and (3).

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The amount payable by the petitioner, according to the scale of fees prescribed under the Act, came to Rs. 30,000/- and the respondent-State demanded this sum. Before, however, the date of the order according recognition and granting renewal in favour of the petitioner, the Rajasthan Act of 1952, had been passed and having received the assent of the President on February 13, 1952, came into force on publication in the Gazette on February 16, 1952, and under S. 4 of this Act, whose terms have been set out already, the liability on the part of Jagirdars to pay "all tribute" to Government got extinguished.
(3.)The question debated in this petition is whether the liability to pay 'hukamnama' or other fees under S. 190 of the Marwar Act is a 'tribute' from the payment of which the Jagirdars are thus relieved.