JUDGMENT

MISRA, J.:—The present appeal by certificate granted under Art. 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. 365 of 1962.

2. Thakur Sangram Singh, the father of the appellant was a jagirdar of Thikana Diggi in the erstwhile State of Jaipur. His jagir was resumed on 1st of July, 1954 under S. 21 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, hereinafter referred to as the Jagirs Act, 1952. The jagirdar became entitled to compensation on the date of resumption of his jagir under S. 26 of the Jagirs Act. The compensation was to be determined according to the principles laid down in the second schedule attached to that Act. He filed his claim for compensation in August, 1954. He claimed compensation on the basis of rent fates which were in force on the date of resumption.

3. It appears that settlement operations were going on under the Jaipur State Grants Land Tenures Act, 1947. The rent rates proposed by the Settlement Officer were published in the Rajasthan Gazette dated 23rd of August, 1952. The final proposals of the Settlement Officer were sanctioned by the Government on 25th of Nov., 1953. The rent rates fixed were made applicable with effect from 1st of July, 1953. Obviously, therefore, on the date of resumption, namely, 1st of July, 1954, rent rates assessed by the Settlement Officer and approved by the Government on 25th Nov., 1953 were in force.

4. Sangram Singh, however, challenged the validity of the rent rates fixed under the settlement by means of writ Petition No. 308 of 1953, which was allowed by the High Court on 23rd of Nov., 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 High Court gave a direction for fresh rates to be proposed in accordance with the said provisions. Pursuant to the order of the High Court dated 23rd Nov. 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. The revised rent rates were substantially lower than the rent rates assessed in 1953, According to the rent rates of 1953 the total rental income from the Jagir was Rs. 1,31,657.48 while according to the revised rent rates the rental income was reduced to Rs. 82,501.50.

5. The Jagirdar again filed a writ petition No. 135 of 1955 for a direction to the State Government not to apply the rent rates assessed in 1955 retrospectively With effect from 1st of July, 1953. The High Court, however, held that it was open to the Settlement Officer to apply rent rates retrospectively under S. 86 of the Jaipur State Grants Land Tenures Act, 1947. But the High Court specifically left open the question whether or not the rent rates assessed in 1955 and applied retrospectively from 1st July, EL953 could form the basis for determining compensation payable to the jagirdar under the Act.

6. When the Jagirdar filed his claim for compensation in August, 1954 his writ petition challenging the rent rates enforced by the Government order dated 25th of Nov. 1953 was pending. The jagirdar, therefore, based his claim for compensation alternatively under Ss. 6 and 7 respectively of the Jagirs Act. As pointed out earlier, on the basis of the settlement of 1953 the rental income from the jagir came to Rs. 1,31,657.48. If on the other hand the jagir was taken to be unsettled, he was entitled to compensation on the basis of actual rental income for three years which came to about Rs. 3 lakhs. The Jagir Commissioner by his order dated 25th of Nov., 1960 granted compensation on the basis of rent rites assessed in 1955. The jagirdar preferred an appeal before the Board of Revenue but the same was dismissed.

7. Sangram Singh died in Dec., 1961 and the order of the Board of Revenue was challenged by his son, the petitioner-appellant