- (1.) THESE appeals arise against an order of the Assistant Collector, Jagir, dated 29. 4. 54 regarding the title of some Kaimkhanis to be treated as jagirdars
(2.) A preliminary objection has been raised as to the maintainability of these appeals It has been argued by the learned counsel appearing for respondents that sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1932 provides for appeals from the orders of the Jagir Commissioner and Collector under sec. 5, sub-sec (2) of sec. 23, sec. 24, Sub-sec. (2) of sec. 25, sec. 26 (A), sub-sec. (2) of sec 32, sec. 36, sec 38 and sec. 38 (b) only and that there is no provision for appeals against the type to which the orders under appeals belong. Sec. 5 relates to assessment of land revenue, sec. 23 deals with private lands, buildings etc. , sec. 24 has been omitted by Act No. XIII of 1954, sec. 25 relates to penalty for recovering rent cess or other dues to which jagirdar is not entitled. Sec. 26 (a) which has been inserted by Act N XI11 of 1954 lays down a list of transfers which arc not to be recognised for the assessment of compensation. Sec. 32 deals with the determination of compensation. Sec. 36 is about interim compensation, and rehabilitation grant. Sec. 38 is with regard to the payment of compensation on the death of a jagirdar. Sec. 38 (b) is not of the four sections appearing in Chapter VII A relating to rehabilitation grant which was also inserted by Act, No. XIII of 1954. The order which forms the subject-matter of these appeals is not included within of the aforesaid sections. It was argued on behalf of the appellants that these appeals may be treated as revision applications under sec. 12 of the Rajasthan Board of Revenue Ordinance dealing with the powers of superintendence and control. In this connection we would like point out that as provided in sec. 37 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, if, during the course of an enquiry by the Jagir Commissioner, any question arises relating to a title to any Jagir land resumed under sec. 21 or any right or interest there in and such question has not already been determined by the Government, the Jagir Commis-sioner shall proceed to enquire into the merits of such question and submit the matter for decision to the Government whose order thereon shall be final. This section makes available a clear remedy to the appellants which they have not yet availed of and unless the appellant exhaust this remedy it would be undesirable to go into the question as to whether powers of superintendence and control ought to be exercised or not. It is open to the appellants to take up this question before the Government in the manner and procedure out pointed above. V these reasons the appeals are incompetent and are hereby rejected. .;