- (1.) THIS appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as the Act) has been filed against an order of the Deputy Collector, Jagir, dated 23. 12. 57 in a case presumably under sec. 38 of the Act.
(2.) WE have heard the learned counsel for the parties and have examined the record as well. Put briefly the facts of the case are that Shri Hanuman Singh, Pattedar of Lakhasar Tehsil Dungargarh, Dist. Churu, died on 20/8/53, leaving behind neither any widow nor any male lineal descendant. Proceedings for grant of his succession were commenced upon a robkar of Tehsil Dungargarh, dated 26. 8. 53. After enquiries by the Tehsildar, Sub-Divisional Officer and the Collector, the case eventually went up to the Commissioner, Bikaner who, by his order dated 15. 6. 65, returned the case with the remarks that as the Jagir had been resumed on 19/3/56, the claimant should obtain a succession certificate and that mutation proceedings should be carried out only after that On 26. 8. 57 the case was forwarded by the Tehsildar, Dungargarh to the Deputy Collector, Jagir as, in his opinion, the letter alone was competent to grant a succession certificate, Upon an office note, the Deputy Collector gave his consent to the grant of a succession certificate in favour of Shri Pem Singh claimant on 16. 9. 57. This order was, however revised on 23. 12. 57 as some objections were raised before him and it was decided that the claimants should have their title decided by a civil court. Shri Pem Singh has come up in appeal against this order before us. From the facts stated above, it is evident that Hanuman Singh, the last jagirdar, died on 20-8 53 and that succession to his jagir shall have to be determined with reference to th|e law prevailing on the date when the succession opened out in the case. The Jagir was resumed subsequently in 1956, but that can have no effect on this succession. Sec. 38 of the Act would be applicable only if the jagirdar to whom compensation is payable under the Act dies before the full payment of such compensation to him and it is in that case that the compensation shall be payable to the person or persons found by the Collector to be the heir or heirs of the deceased Jagirdar according to his personal law. In such a case where there are more than one claimants, the Collector is bound to refer the dispute to a civil court. Thus sec. 38 would come into operation only when compensation has become payable to a Jagirdar. Compensation can be payable to him only when the jagir has been resumed under the Act. In this case, the Jagirdar died long before the resumption of the jagir and hence sec. 38 can have no application. We may also refer to the observations of Wanchoo Q. J. in Rajvi Abhey Singh vs. the State of Rajasthan 1957 R. L. W. 338. Their Lordships, while examining the provisions of sec. 39 of the Act and secs. 4. 5 and 6 of the Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955, were pleased to observe as below: - "obviously the provisions in the two laws overlap. It may be mentioned that sec. 37 was being amended by Act 17 of 1955 and the amendment provided that the substituted sec. 37 shall be deemed always to have been there. The Validating Act was also passed on the same day as the amended sec. 37 of the Jagir Resumption Act. In these circumstances, the question naturally arises to what proceedings sec. 37 of the Jagir Resumption Act applies, and to what proceedings secs. 4, 5 and 6 of the Validating Act apply. There is no doubt that both the provisions refer to rights and titles of jagirdars and we have to interpret them so as to harmonise them They were being passed by the legislature on the same day, and obviously one was not meant to override the other. As we look at it seems to us that the Validating Act should be read as a general law, while sec. 37 of the Jagir Resumption Act should be looked at as a special law. Once that is done whatever is covered by sec. 37 will be taken out of the scope of secs. 4, 5 and 6 of the Validating Act. Now sec. 37 of the Jagir Resumption Act refers to disputes of title etc. in proceedings under that Act. Sec. 37 therefore, applies only to those cases where jagirs have been resumed under the Jagir Resumption Act. Where jagirs are not resumed provisions of the Validating Act will apply. " It is therefore, perfectly clear that succession in the present case would be governed by sec. 4 of the Rajasthan Jagir Decisions and Proceedings (Validating) Act, 1955. It is laid down in this section that all cases or proceedings arising out of or under laws of the covenanting States providing for the resumption of jagirs in other State and the recognition of succession to the rights and titles of the jagirs therein may be continued and completed in accordance with the provisions of the relevant laws of the covenanting States. This law is to be found in appendix of powers, Appendix D, issued by the Government of Bikaner" "statement of powers 1946". Items 1 and 2 confer full powers in disputed cases upon the Minister in-charge and not upon the Revenue Commissioner. The learned Commissioner, therefore was wrong in holding that the case was to be decided in accordance with the provisions of the Act. We, therefore, allow this appeal, set aside the order of the learned Commissioner, Bikaner, dated 15. 6. 56 and the order of the Deputy Collector, Jagir passed subsequently and remand the case to the Commissioner, Bikaner with the direction that, after hearing all the parties concerned and holding any further enquiry, if necessary, the case be submitted to the Board for a final decision. .;