- (1.) THIS is an appeal against the judgment of the Additional Commissioner Jagir dated 20. 10. 61 preferred by the Mahant of the temple.
(2.) THE rental income of the jagir has been fixed by the learned Additional Commissioner Jagir on the basis of the verification received from the Tehsil and the Assistant Collector Jagir. It is not contested on behalf of the appellant. THE contention is that the jagir should have been treated as unsettled and the compensation also allowed on the rental income so fixed. It is, however, admitted that the "land revenue" for this village was settled. Vide sec. 2 (11) of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, a jagir has to be treated as "settled" when the rent rates determined by the Settlement Department are made applicable to at least three-fourth area of such a jagir. Vide sec. 98 of the Rajasthan Tenancy Act when land revenue of an area is settled the rates at which the rent can be charged by the jagirdar cannot exceed thrice such land revenue as may be fixed by the Government. THE rates of rent so fixed will naturally be the rent rates determined by the Settlement Department when they are the rates fixed with reference to the rates of land revenue fixed by the Settlement Department. This decision is not contested by the learned counsel for the appellant. Rather, he is inclined to agree with this view. In this position, the jagir cannot be an unsettled one; and, therefore, the question of determining the compensation on an unsettled rental basis cannot arise. THE appellant has been allowed the income claimed by him. THE amount has been verified by the concerned authorities. It is the amount that was being actually recovered during the basic year by the appellant with reference to the land revenue settled. The learned counsel for the appellant, however, further argues that when the land revenue had been fixed for each and every inch of the land in his jagir, the rent should also be allowed for the whole of such area and not for the occupied area alone. This is however, not possible in view of;the provision of clause 2 of the Second Schedule of the Act. Such income from land revenue and rents can be allowed only from "occupied lands" which accrued to the jagirdar. There is thus no force in this appeal which is hereby rejected. .;