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1999 Supreme(Raj) 1323

ARUN MADAN
Naini Bai – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. :- The case of the petitioners in short is that land bearing Khasra No. 235/279 measuring 11 Bighas and 12 Biswa of Village Amrit Kuwa, Tehsil Sangod, District Kota was the Muafi land of Asthal Bardiya and Heera Das son of Ram Kishan Das was its Muafidar. The said Muafi land after introduction of Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 for short "the Act of 1952" was resumed under Section 22 of the said Act and all rights, title and interest of the Muafidar stood vested with the State Government w.e.f. 1.7.1963. It is further the petitioners's case that long before the resumption of Jagirs, the original Muafidar namely Heeradas died and there was no heir of said Muafidar. Birdha, the husband of petitioner No.1 Naini Bai and father of petitioners Nos. 2 to 4 have been cultivating this land since long. The Tehsildar Sangod also authorised Birdha to cultivate this land on payment of rent and the name of Birdha was recorded as khatedar tenant in the revenue records. The Mutation order dated 29.5.1954 was passed long before the Rajasthan Tenancy Act, 1955 for short "the Act of 1955" came into force w.e.f. 15.10.1955. At the time of resumption of Muafi, the



























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