The final proposals of the Settlement Officer were sanctioned by the Government on 25th of November, 1953.
From the Judgment an order dated the 28th August, 1969 of the Rajasthan High Court in D. B. Civil Writ No.
Two alternative companytentions were raised before the High Court on behalf of the petitioner 1 that the companypensation should have been assessed on the basis of rent rates determined in 1953 as they were the rent rates assessed on the jagir lands as entered in the revenue records of the village within the meaning of section 6 3 a i read with the definition of settled village companytained in section 2 n as it stood on the date of resumption 2 that in the absence of a valid settlement on the date of resumption the jagir should be treated as number being a settled village and companypensation should be assessed on the actual income from rents during the three agricultural years 1949 50, 1950 51 and 1951 52, as provided in section 7 of the Act.
1,31,657.48.
135 of 1955 for a direction to the State Government number to apply the rent rates assessed in 1955 retrospectively with effect from 1st of July, 1953.
The High Court declined to accept either of the companytentions.
The jagirdar, therefore, based his claim for companypensation alternatively under sections 6 and 7 respectively of the Jagirs Act.
Sangram Singh died in December 1961 and the order of the Board of Revenue was challenged by his son the petitioner appellant in the High Court of Rajasthan.
Sangram Singh, however, challenged the validity of the rent rates fixed under the settlement by means of writ petition No.
According to the rent rates of 1953 the total rental income from the jagir was Rs.131,657.48 while according to the revised rent rates the rental income was reduced to Rs.
When the jagirdar filed his claim for companypensation in August, 1954 his writ petition challenging the rent rates enforced by the Government order dated 25th of November, 1953 was pending.
365 of 1962.
The jagirder again filed a writ petition No.
3 lakhs.
The first companytention was rejected by the High Court on the ground that the petitioner was estopped from taking up the position by his own companyduct inasmuch as his father had challenged the rent rates assessed in 1953 by means of a writ petition which was allowed and the rent rates assessed in 1953 were quashed, and secondly because the rent rates assessed in 1953 were a nullity and in the eyes of law there were numbervalid rent rates assessed and entered in the revenue records on the basis of which companypensation companyld have been determined.
The Judgment of the Court was delivered by MISRA, J. The present appeal by certificate granted under Article 133 1 a of the Constitution is directed against the judgment of the High Court of Rajasthan dated 28th of August, 1969 dismissing writ petition No.
82,501.50.
The petitioner has number companye to challenge the order of the High Court by the present appeal.
The jagirdar preferred an appeal before the Board of Revenue but the same was dismissed.
The High Court gave a direction for fresh rates to be proposed in accordance with the said provisions.
The revised rent rates were substantially lower than the rent rates assessed in 1953.
Pursuant to the order of the High Court dated 23rd November, 1954 the rent rates were revised and fresh rent rates were fixed by the Settlement Officer on 6th of June, 1955 and they were applied retrospectively from 1st of July, 1953.
If on the other hand the jagir was taken to be unsettled, he was entitled to companypensation on the basis of actual rental income for three years which came to about Rs.
1825 of 1970.
308 of 1953, which was allowed by the High Court on 23rd of November, 1954, quashing the rent rates as they were in flagrant violation of section 82 1 a and b of the Jaipur State Grants Land Tenures Act, 1947.
The Jagirdar became entitled to companypensation on the date of resumption of his jagir under section 26 of the Jagirs Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Obviously, therefore, on the date of resumption, namely, Ist of July, 1954, rent rates assessed by the Settlement Officer and approved by the Government on 25th November, 1953 were in force.
Thakur Sangram Singh, the father of the appellant was a jagirdar of Thikana Diggi in the erstwhile State of Jaipur.
He claimed companypensation on the basis of rent rates which were in force on the date of resumption.
It appears that settlement operations were going on under the Jaipur State Grants Land Tenures Act, 1947.
The companypensation was to be determined according to the principles laid down in the second schedule attached to that Act.
The Jagir Commissioner by his order dated 25th of November, 1960 granted companypensation on the basis of rent rates assessed in 1955.
The second companytention was also negatived on the ground that fresh rent rates in accordance with the directions of the High Court were assessed in 1955 and were applied retrospectively with effect from 1st July, 1953 and, therefore, the jagir companyld number be taken to be an unsettled village.
As pointed out earlier, on the basis of the settlement of 1953 the rental income from the jagir came to Rs.
He filed his claim for companypensation in August, 1954.
The rent rates proposed by the Settlement Officer were published in the Rajasthan Gazette dated 23rd of August, 1952.
N. Kacker, K. K. Jain, P. Dayal S. K. Gupta for the Appellant.
Badri Das Sharma for the Respondent.
The rent rates fixed were made applicable with effect from 1st of July, 1953.
365 of 1962.
