1954 Supreme(Raj) 106

Rajasthan High Court
Wanchoo C.J. & Modi, J.
Prabuda - Appellant
Versus
The State of Rajasthan - Respondents
Civil Misc. Writ Nos. 1 and 2 of 1954
Decided On : April 27, 1954

Headnote:(a) Revenue Courts, Procedure and Jurisdiction Act, sec. 2—Scope—Section repeals laws concerning jurisdiction and procedure only—Marwar Tenancy Act, sec. 85 not repealed.(b) Marwar Tenancy Act, sec. 85—Section not repealed by Revenue Courts Procedure and Jurisdiction Act.(c) Revenue Procedure Rules, Rule 114—Applicability—Proceedings under sec. 85 Marwar Tenancy Act—Procedure as laid down in R. 114 will apply and not as laid by sec. 85 of Marwar Act.(d) Marwar Tenancy Act, sec. 85(2)—Scope—Notification must be inforce—If notification withdrawn or cancelled Collectors power comes to end at once.(e) Marwar Tenancy Act, sec. 85—Refusal to pay rent—Notification under sec.85(1) should not be general but should be crop by crop.

       The Rajasthan Revenue Courts Procedure and jurisdiction Act is concerned with the procedure and jurisdiction of revenue courts and with nothing else. Therefore, sec. 2 of the Act will repeal the provisions existing in Rajasthan before the Act came into force so far as those provisions related to procedure and jurisdiction of the courts and this section does not repeal other provisions of the tenancy or revenue laws of the covenanting States, which deal with matters other than those relating to procedure and jurisdiction. Section 85 of the Marwar Tenancy Act is not merely a procedural section It gives power to Government to declare by notification that there is a general refusal to pay rent in a particular area, and then provides an alternative mode of realization of rents in that area. This section is not repealed by anything in the Rajasthan Act, as it is not a mere procedural section. (Para 6)

       Rule 114 applies the procedure applicable to suits in cases of applications also as far as it can be made applicable.. The basis procedure, as provided in Chapter II can be made applicable to all applications, the opposite party taking the place of the defendant, the reply taking the place of written statement, and the points for determination taking the place of issues. So far as evidence and judgment are concerned, they apply to appli-cations as well as suits. Clearly therefore, rule 114 applies this basic procedure to applications under item 2, Group C of the First Schedule of the Rajasthan Act for realization of rent as arrears of land revenue on the general refusal to pay rent.

       The fact that the words "as far as applicable" appear in rule 114 of the Rajasthan Rules, does not mean that the basis general procedure would not apply, and the procedural rules framed under sec 86 of the Marwar Act would only apply As a matter of fact, even under the Marwar Act, it was necessary to deal with an application of a jagirdar of this nature in the manner provided in the Civil Procedure Code, and the special rules under section 85 could only be held to be supplemental. But even if this was not so under the Marwar Act, the rules framed under sec. 85 of the Marwar Act are merely procedural rules and if other procedural rules have been framed under the Rajasthan Act, the procedural rules framed under the Marwar Act must be held to have been repealed by sec 2 of the Rajasthan Act. Rules are deal with in sec. 43 of the Rajasthan Act. These rules can be framed with respect to applications under item 2 of Group C of the First Schedule of the Rajasthan Act. Such rules are laws, and therefore the Rajasthan rules must repeal any other rules framed on the same subject. In view of rule 114 of the Rajasthan Rules, it must be held that rules in chapter II apply as far as they can be made applicable to applications of this nature, and all previous rules on the subject of the covenanting States must be deemed to have been repealed. (Paras 7 and 8)

       The proper interpretation of this sub-section is that the notification should be in actual application when the application is made as well as when the arrear is being realized. The Deputy Commissioner derives his power of realizing arrears of land revenue by the existence of the notification under sec. 85(1), and so long as the notification is there, the power remains. As soon as the notification is withdrawn the Deputy Commissioner (now the Collector) has not power left to realize the arrears of rent as arrears of land revenue. If at the time the notification is withdrawn or cancelled, some arrears of rent remain unrecovered, the landlord can recover them by ordinary procedure provided under other provisions of the Act. (Para 10)

       General refusal to pay rent can only arise crop by crop. It can hardly be said that because there is a general refusal to pay rent, say in Rabi (March) 1954, there will necessarily be general refusal to pay rent in Kharif (November, 1954. Notifications under sec. 85 of the Marwar Act, or analogous law, should be issued with particularity, and should relate to the one crop in connection with which they are issued. Once such a notification with reference to a particular crop is issued, it would never require cancellation. (Para 10)