LexSTATE OF GUJARAT versus JETAWAT LAL SINGH AMAR SINGH & ORS.
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615
STATE OF GUJARAT
v.
JETAWAT LAL SINGH AMAR SINGH & ORS.
August 7, 1968
(S. M. SIKRI, R. S. BACHAWAT AND K. S. HEGDE, JJ.J
The Bo111bay Merg_ed Territories arul Areas (Jagir Abolition)
Act
(Bom. Act 39 of 1954), s. 14(1)-Right to enjoy lands free of assessment
and right to receive cash allowance from Jagir ar: Jiwarak-Jagir abolish-
ed-If Jiwarak~ho~der entitled to claitn compensation l'L'ith respect to his
right::.\
Under s. 14(1) of the Bombay Merged Territories and Areas (Jagir
Abolition) Act, 1954, if any person other than a jagirdar is aggrieved by
the abolishing, extinguishing or modifying of his interest in property, by
the provisions of the Act and if compensation for such abolition, extin-
guishmcnt or modification has not been provided for in the. Act, he could
apply to the collector for compensation.
The fifst respondent was enjoying as
jiwarak
(maintenance)
three
rights under a compromise decree
namely : (i) the right to recover
the assessment in respect of certain lands in a jagir; (ii) the Tight to own
and possess Gharkhed lands in the jagir free from payment of assessment;
and (iii) the right to receive a cash allowance annualJy from the jagir,
when the jagir was abolished .by the Act.
On the question whctnzr the respondent was entitled to claim compen-
sation in respect of items (ii) and (iii) under s. 14(1) of the Act,
HELD : (i) The first respondent was entitled to enjoy and was en-
joying the Gharkhed lands without the liability to pay assessment, but
after the Act came into force, he was to enjoy those very lands with the
liability to pay assessment under s. 4 of the Act.
Therefore, his interest
in the property was modified to his disadvantage and so, he was entitled
to claim compensation. ('619 A-CJ
(ii) The first respondent was entitled to get the cash allowance from
the jagir, that is, it was a cha'rge on the Jagir.
Sinee it was aJso an
interest in property which \Vas extinguished on the abolition of the jagir,
the first respondent was entitled to claim. co1npensation. f.619 C-DJ
State of Gujarat v. Vakhatsinghji Sursinghji Vaghcla, [1968] 3 S.C.R.
692 and Shapurji livanji v. Collector of Bo1nbay,
I.L.R. 9
Born.
483,
explained.
G
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1057 of
H
1965.
Appeal by special· leave from the judgment and order dated
November 21, 1963 of the Gujarat High Court in Special Civil
Application No. 560 of 1961.
N. S. Bindra, S. K. Dholakia and S. P. Nayar, for the appel-
lant.
Somnath R. Upadhya and Bhuvanesh Kumari, for the respon-
dent No. 1.
616
SUPREME COURT REPORTS
[1969] I S.CR.
The Judgment of the Court was delivered by
Hegde, J. This is an appeal by special leave. Herein we have
to detennine the true scope of s. 14 ( I ) of the Bombay Merged
Territories and Areas
(Jagir Abolition)
(Bombay
Act
No.
XXXJX .of 1954). That question arises thus :
Respondent No. I was the Bhayyat of the Jagir of Ghantoil.
That Jagir was situated in the Idar State, a fonner Indian Stale.
'TI1e area comprised in 1hat State is a part of the State of Gujarat
at present. The said Jagir was a proprietary Jagir and for the pur-
pose of succession and inheritance, it was governed by the rule of
primogeniture. The eldest son succeeded to the Gaddi : the other
junior members of the family were granted maintenance known as
Jiwarak, out of the Jagir estate. The former Thakorc of Ghan-
toil. Shri Dalpatsinhji 'kumansingh granted as Jiwarak
to
the
bther of the present rc;pondent, a half share in a village by means
of a deed dated Feb. 18, I 916. In 1928 dispute arose between
the Thakore and the Bhayyats in the matter of aforesaid Jiwarak.
Hence the first respondent and his brother filed a suit in the Sadar
Court of the then ldar State claiming Jiwarak. The Coutt of first
instance decreed the suit in favour of the first respondent and hi;
brothers.
The Thakorc went in appeal against the said judg-
ment.
When the appeal was pending, the dispute was compro-
mised and a consent decree was passed on September 23, 1940.
Under the consent decree the following rights were given to the
first respondent and his brothers as Jiwarak.
(I) Rights to recover assessment (Vighoti) of Sur-
vey Nos. 382-387, 396, 398. 399, 542, 543,
544, 545 and 546 assessed at Rs. 175/-.
(2) Right to own and
possess
Gharkhcd
Lands
consisting of Survey Nos. 219. 220. 225, 227,
228 and 229 assessed at Rs, 74/8/- freExcerpt shown. Read the full judgment & AI analysis in Lexace.