When the appeal was pending, the dispute was companypromised and a companysent decree was passed on September 23, 1940.
The Act came into force on August 1, 1954 as a result of which all Jagirs in the merged territories of Bombay including the Jagir of Ghantoil were abolished.
The Thakore went in appeal against the said judgment.
This appeal is directed against the said order of the High Court.
That officer rejected his claim but when the matter was taken up in appeal to the Gujarat Revenue Tribunal, the Tribunal granted him companypensation in respect of his rights to recover assessment of Rs.
Appeal by special leave from the judgment and order dated November 21, 1963 of the Gujarat High Court in Special Civil Application No.
He applied to the Jagir Abolition Officer for fixing the companypensation due to him in respect of his aforementioned rights.
The first respondent then took up the matter to the Gujarat High Court under Art.
219, 220, 225, 227, 228 and 229 assessed at Rs.
382 387, 396, 398, 399, 542, 543, 544, 545 and 546 assessed at Rs.
That Jagir was situated in the Idar State, a former Indian State.
The former Thakore of Ghantoil, Shri Dalpatsinhji Kumansingh granted as Jiwarak to the father of the present respondent, a half share in a village by means of a deed dated Feb. 18, 1916.
In 1928 dispute arose between the Thakore and the Bhayyats in the matter of aforesaid Jiwarak.
Rights to recover assessment Vighoti of Survey Nos.
175/ .
74/8/ free from payment of assessment and 3 Right to receive a cash allowance of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
S. Bindra, S.K. Dholakia and S.P. Nayar, for the appellant.
560 of 1961.
Hence the first respondent and his brother filed a suit in the Sadar Court of the then Idar State claiming Jiwarak.
234/12/annually from the Jagir.
1 claimed companypensation under s. 14 1 of the Act.
1 was the Bhayyat of the Jagir of Ghantoil.
The area companyprised in that State is a part of the State of Gujarat at present.
Somnath R. Upadhya and Bhuvanesh Kumari, for the respondent No.
The Court of first instance decreed the suit in favour of the first respondent and his brothers.
Right to own and possess Gharkhed Lands companysisting of Survey Nos.
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.
560 of 1961.
That question arises thus Respondent No.
175/annually but it rejected his claim for companypensation under the remaining two heads.
1057 of 1965.
The Judgment of the Court was delivered by Hegde, J. This is an appeal by special leave.
227 of the Constitu tion in Special Civil Application No.
XXXIX of 1954 .
Thereafter respondent No.
The said Jagir was a proprietary Jagir and for the purpose of succession and inheritance, it was governed by the rule of primogeniture.
Under the companysent decree the following rights were given to the first respondent and his brothers as Jiwarak.
