- (1.) This is an appeal against an appellate order of the Additional Collector, Jaipur, dated 5.5.1956 upholding the order of the Assistant Collector directing resumption of the appellants grant under the Jaipur Matmi Rules, 1945.
(2.) A simple point of law is involved for determination in this second appeal before us, and to appreciate if it is necessary to give the facts in brief. Shri Bux, the last holder of the grant died about 40 years prior to the presentation of the application for grant of Matmi by the appellant Bhuramal in 1949. Bhuramal who gave out his age as 50 years on 5.6.49 when examined stated that his father Shri Bux died 40 years ago and that he was not in a position to give the year or samvat of his demise. He further stated that in Shialu Svt. 2005 the grant measuring about 300 bighas was placed under Arai Khalsa and hence he was thereby compelled to apply for grant of Matmi. During the course of the enquiry that was held by the subordinate officers it was found that the grant stood entered in Nuskha Punya and in the Daftar Mawazna in the name of Sukhram S/o Jagram and grandson of Harkishan, a descendant of Madho and that the appellant Bhuramal was a direct male lineal descendant of this Sukhram. It was also found that Bhuramal was in possession of the grant which measured about 128 bighas 18 biswas by an iron chain. The subordinate officers, came to the conclusion that as far as the appellants title to the grant was concerned it was established beyond all possibilities of doubt. They, however, directed resumption of the grant on the ground that as the last -holder had died prior to 15th April, 1927 and as no application for Matmi was made within 6 months from the 20th May, 1936, hence the grant was liable to resumption under sec. 16(1) (c) of the Jaipur Matmi Rules. The learned counsel for the appellant has argued before us that the case is not governed by this provision of law.
(3.) Rule 16, on which the learned counsel for the appellant bases his argument runs as below : - - (1) Subject to the provisions of sub -rule (2), a grant shall be resumed - - (a) if there is no applicant for Matmi or if for any reason, the applicant is not entitled to succeed ; or (b) if the last holder was out of possession and the applicant is not entitled to recover possession ; or (c) if the application is time -barred under rule 12 or, in the case of a holder who died before the 15th April, 1927, no application for matmi was made within six months from the 20th May, 1936 ; or (d) if no State Sanad or Patta is produced, the grant is not recorded in the State offices, and no matmi has been sanctioned in the past; or (e) If it was made without the prior sanction of the Ruler, by (1) a Zenana Sarkar or a member of the ruling family - - upon the death of such sarkar or member ; or (ii) any other State -grant upon the reversion to the State of the village or land held by such State grantee, even though matmi may have been sanctioned in the past; or (f) if the claimant is the son of a dismissed tankhadar, - -even though matmi may have been sanctioned in the past ; (g) to the extent of such portion as was not disclosed at the last matmi ; Provided that if the grant was made for the maintenance of a pakka temple or mosque, Government will arrange for the maintenance of such temple or mosque by making a suitable cash grant. (2) A grant shall not be liable to resumption - - (i) on the ground of absence of entry in the State offices or failure to produce a State Sanad or Patta - -If matmi has been sanctioned in the past ; (ii) on the ground that no matmi was sanctioned in the past or no State Sanad or Patta has been produced - -if entries exist in the State records ; (iii) on the ground mentioned in sub -clause (ii) of clause (c) of sub -rule (i) - - -if the land is situated in a non -khalsa village and the person in possession of the land is a trespasser. In such case the Government will refrain from interference for so long as the village remains non -khalsa.";