- (1.) THIS appeal was originally filed in the Mehkma Khas of the covenanting Udaipur State against the order of Thikana Parsoli which has been transferred to this Board.
(2.) THE facts of the case, in brief, are that the appellant who is a sub-jagirdar of Thikana Parsoli mortgaged with possession his jagir village Sahada to Ram Karan Gatiani on six annual instalments. THE thikana on coming to know of this sent for the sub-jagirdar and Ram Karan. Raghu-nath Singh sub-jagirdar admitted this fact but pleaded his ignorance of the circular prohibiting Baraskati mortgage. THEreupon the thikana imposed a fine of Rs. 101/- on the sub-jagirdar. It is against this order that this appeal has been preferred. The arguments of the appellant were heard. His main argument is that the thikana was prejudiced against him and it is why this fine was imposed upon him, and Ram Karan was let free. The file of the lower court was perused. The Circular of Smt. year 1984 prohibits jagirdars from mortgaging their jagirs on Baraskati. The penalty for breach of this order has been mentioned to be the same as provided in the Circular of Smt. year 1974. A copy of the Circular was sent for from the records, and perused. Its number is 23656 of the Smt. year 1974 Mangsir Bud 12. It prohibits jagirdars from mortgaging or selling jagir or muafi land. Its item No. 1 provides penalty for its breaches. It lays down that in case of breach of this order, the mortgagee will not be entitled to receive the mortgage money, and necessary orders will be passed regarding jagir or muafi land. Thus it does not authorise imposition of fine on the jagirdar. In the present case no action has been taken in regard to the mortgage money, neither any enquiry has been made as to the causes of mortgaging the jagir village, and a fine has been imposed on the appellant. This action of the respondent is against the Circular in question. It does not authorise thikana to impose fine. The appeal is, therefore, accepted and the fine imposed by the Thikana is cancelled. This is subject to the concurrence of nay learned colleague. .;