Prem Chand Pandit, J. - (1.) A short pedigree table given below will be helpful in understanding the facts of the case, which led to the filing of the present petition under Article 226 of the Constitution. Bhai Shamsher Singh. =Rani Joginder Pal Kanwar (widow) (Petitioner No. 1). =Sardarni Harchand Kaur (widow) (Petitioner No. 2). =Bibi Shubsher Kanwar (daughter) (Petitioner No. 3). Bhai Shub Sher Singh (died on 5th August, 1958). Bhai Kishen Sher Singh
(2.) THE dispute relates to a Jagir called the Arnauli Jagir, which was granted to the ancestors of this family long time back. This Jagir was held in the Districts of Patiala, Bhatinda, Sangrur, Ferozepur, Ambala and Karnal, and its value was Rs. 50,892 annually. The provisions of the Punjab Jagirs Act, 1941, hereinafter referred to as the 1941 Act, were applicable to this Jagir. According to Sections 7 and 8 of the 1941 Act, whenever the question of succession to the Jagir opened, the Government used to approve the successor and directed him to make such provision out of the Jagir, as it might consider suitable, for the maintenance of the widow or widows (if any) and other members of the family (if any) of the last or any previous holder of the Jagir. On the death of Bhai Shamsher Singh, his two widows were thus getting a monthly maintenance allowance of Rs. 500 each and his daughter Rs. 100, out of the Jagir money, being his dependants. Bhai Shub Sher Singh, the successor of Bhai Shamsher Singh, was alive, when the Punjab Government enacted the Punjab Resumption of Jagirs Act, 1957, hereinafter called the 1957 Act, which came into force on 14th of November, 1957. Section 3 of 1957 Act stated that notwithstanding anything to the contrary contained in any law or usage, any grant, settlement, sanad or other instrument, or any decree or order of any Court or authority, all Jagirs would, on and from the commencement of that Act, be extinguished and stand resumed in the name of the State Government. There was, however, a proviso added to that section which said - - Provided that a military Jagir granted at any time before the 4th day of August, 1914, shall ensure for the life of the person who is a Jagirdar immediately before such commencement and shall stand extinguished and resumed on his death. Bhai Shub Sher Singh died on 5th August, 1958. Thereafter, on 10th April, 1963, Bhai Kishen Sher Singh made an application to the Government for a declaration that the Jagir held by him was a military Jagir and not resumable under Section 3 of the 1957 Act. On 31st of October, 1966, after giving a personal hearing to the Applicant, the Government decided that the Jagir held by Shub Sher Singh was a military Jagir, with the result that it could not be resumed under Section 3 of the 1957 Act. On 11th of November, 1966, the Deputy Secretary to Government, Punjab, Revenue Department, wrote to the Deputy Commissioner, Karnal, that as Bhai Kishen Sher Singh, the Applicant, was not the Jagirdar (holder of the Jagir) at the commencement of the 1957 Act, the Jagir would be payable only up to the 5th August, 1958, when the then holder Bhai Shub Sher Singh died and thereafter the Jagir would stand extinguished and resumed. The compensation would, however, be paid, in accordance with the provisions of the 1957 Act. It was further mentioned in that letter that the Jagir compensation or Jagir money already paid to the Applicant and the maintenance holders or any other Government dues standing against them should be adjusted before the compensation was paid for the resumption of the Jagir. It appears that this order of the Government was conveyed to Bhai Kishen Sher Singh somewhere in December, 1966. That led to the filing of the present writ petition in August, 1967, by the two widows and daughter of Bhai Shamsher Singh, challenging the legality of the order dated 11th November, 1966, passed by the Government.
(3.) THE first argument of the learned Counsel was that the Petitioners were granted maintenance out of the Jagir money on Bhai Shamsher Singh's death in 1918. They went on receiving the maintenance allowance to the extent of Rs. 13,200 annually and the balance of Rs. 37,692 was being taken by Bhai' Shub Sher Singh. Ob the latter's death, on 5th August, 1958, under the proviso to Section 3 of the 1957 Act, it is only the Jagir money, which was being received by Bhai Shub Sher Singh, that could be resumed by the Government and not the amount that was being given to the Petitioners. According to the learned Counsel, the Petitioners were also the holders of a part of the Jagir and, therefore, they were also Jagirdars within the meaning of that word under Section 2(2) of the 1957 Act. The Petitioners were entitled to get the allowance till their death. The Government was, therefore, wrong in resuming their maintenance amount as well.;