MODI, J.

( 1 ) THESE two civil appeals arise out of a single judgment and decree of the Civil judge, Bundi, dated 14th October. 1958, in a suit for refund of money and we propose to dispose of them together by present judgment.

( 2 ) THE material facts may shortly be stated as follows :--

( 3 ) THE plaintiff was the ex-Jagirdar of Thikana Koila in the former State of Kola It is admitted that his jagir was resumed by the State on the 1st August, 1954. under the Rajas-than Land Reforms and Resumption of Jagirs Act, 1952. The State of Kota. as it then was, was merged in what may conveniently be called the first united State of Rajasthan in April, 1948, and became part of the second United state of Rajasthan which was formed in the middle of 1949 The last mentioned state was then formed into the Part B State of Rajasthan with the coming into force of the Constitution on 26th January. 1950. and is now represented by the present State of Rajasthan as it was constituted under the States Reorganisation act. 1956 (Act No XXXI of 1956 ). It is further common ground between the parties that the first United State of Raias-than issued Ordinances No 27 of 1948 and Nos. 10 and 15 of 19