- (1.) Brief facts of the case are that late Thakur Jaswant Singh son of Late Thakur Jagannath Singh was the former Jagirdar of Jagir village Soonpa, Tehsil Sarwar, District Ajmer and was the eldest son of late Thakur Jaggannath Singh. The Jagir was resumed in the year 1960 under the provisions of Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 and the rules made thereunder and the lands which were in the khudkasht of the Jagirdar were recorded in his khatedari. The land being ancestral, two brothers of late Thakur Jaswant Singh namely; Pratap Singh and Vijay Singh, were equal co-sharers having ?rd share each.
(2.) Late Thakur Jaswant Singh filed a declaration under the provisions of the Rajasthan Tenancy (Fixation of Ceiling on Land) (Govt.) Rules, 1963 before the Sub Divisional Officer, Kekri on 14.7.64 showing that he held total 671 bigha and 5 biswas of land. In the earlier Jamabandi of Samvat 2015 to 2018 in the name of Thakur Jaswant Singh, total land was recorded 762 Bigha and 19 Biswas, out of which; 91 bigha and 5 biswas of land was gifted by Thakur Jaswant Singh in favour of respondent No.5 Pratap Singh and 94 bigha and 12 Biswas of land to Shri Vijay Singh (both his brothers) and 161 Bigha 14 biswas of land to his major son Tejpal Singh (now deceased); 105 bigha to Smt. Sugan Kanwar widow of Thakur Jaswant Singh and 162 bigha and 17 biswas of land was gifted to petitioner No.1 Man Kanwar widow of Tej Pal Singh respectively. These lands were entered in their names vide mutation No. 71 dated 1.4.1962 by the Gram Panchayat Soonpa. In the declaration submitted on 14.6.64 by late Thakur Singh showed his major son Tejpal Singh, his brother Pratap Singh and their wives along with other persons dependent on him as members of his family.
(3.) The learned S.D.O., Kekri on 24.3.1969 held that late Thakur Jaswant Singh held 103.60 standard acres of land which was more than 90 acres and in view of the Government order dated 7.6.1968 the land measuring 13.60 standard acres was declared as surplus and the S.D.O. also ordered for resumption of 13.60 standard acres of land.;