- (1.) THIS is an appeal against the final award made by the Jagir Commissioner on 7. 5. 1964 in the matter of the resumed jagir of the appellant.
(2.) TWO points have been taken in appeal. One is that income from sale of abadi land should have been allowed in toto ; the other is that the income from Suwana village, District Bhilwara, should have been included in making the award. The objection with regard to the income from sale of abadi land is that the sale of plots of land attached to the haveli of the appellant situate in Udaipur town municipal limits should have been construed to be sale of jagir land. This contention was rejected by the learned Jagir Commissioner, and we see no reason to differ from the view taken by him. We have gone through the patta whereby the appellant was granted the jagir of Laduvas by a 'tamba patra'. In the patta it is stated that a haveli was also given to the appellant in Udaipur town, obviously for residential purposes. The land attached to the haveli does not fall within the definition of jagir land as laid down in sec. 2 (h) of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952. The plots in question do not fall within the area of jagir Laduvas. Therefore, income from the sale of the land in question cannot be treated as income from the jagir. It is not any income of the jagirdar, but only such income as is relatable to the jagir that can be taken into account for the purpose of awarding compensation. We, therefore, reject the plea that income from the sale of plots in Udaipur town should have been included in the process of making the award. The second objection taken by the appellant is valid. While rejecting the claim of the appellant for the inclusion of the income that is said to have accrued to him from village Suwana, District Bhilwara, the learned Jagir Commissioner has not given any cogent reasoning for the view taken by him. In fact from the order of the learned Jagir Commissioner it does not appear that this matter has been properly investigated. We, therefore, accept the appeal on this count only, and setting aside the award of the learned Jagir Commissioner remand the case to him with the direction that the income claimed by the appellant from village Suwana, District Bhilwara, be reinvestigated and a fresh award made. .;