JAGAT NARAYAN, C.J.—This is an appeal by the State against a decree of the Senior Civil Judge No. 2, Jaipur City, in a suit for recovery of money instituted by Rao Dhir Singh, respondent.

2. Rao Pratap Singh, the grand-father of the plaintiff, was the Jagirdar of Shahpura Thikana. Village Misria was and 100 Bighas of land in village Locha-ka-bas were granted to one Jai Narain Misra as Muafi Jai Narain died in 1932 and on 22-6-32 his adopted son Badri Prasad Misra, respondent No. 2, applied for Matmi to the then State of Jaipur. On 23-6-32 the land granted to Jai Narain Misra was attached pending Matmi. Rao Pratap Singh filed an objection that the Muafi grant had been made by his Thikana and he alone had a right to sanction Matmi. This objection was rejected and Muafi was sanctioned in favour of Badri Prasad. Rao Pratap Singh filed an appeal to the Council of the State which was dismissed on 22 2 36 and Matmi was finally sanctioned in favour of Badri Prasad. Rao Pratap Singh then raised a dispute about the boundaries of Misriawas. This was decided by the Deputy Commissioner, Jhunjhunu on 25-6-46.

3. In 1942 Rao Pratap Singh died and was succeeded by his grand-son Rao Dhir Singh, who was a minor. The Thikana was taken under the superintendence of court of wards on 16-10-42.

4. Against the order of the Deputy Commissioner fixing the boundaries and area of Misriawas the Thikana filed an appeal to the Board to Revenue, which was dismissed on 30 6 47. A revision was then filed to the Revenue Minister which was dismissed on 23-6 48. On a review petition by the Thikana the Revenue Minister directed the Board of Revenue to make further enquiry. Badri Prasad then filed a writ petition in the High Court challenging that order. On 4-10-51 the Government withdrew that order and Badri Prasads writ petition was withdrawn on 11-10-51. A writ petition was then filed on behalf of Rao Dhir Singh in the High Court which was also dismissed on 18-12-53. In this writ petition the order of the Government dated 4-10 51 withdrawing its earlier order dated 25-9-49 was challenged and the writ petition was dismissed on the ground that it was an executive order and could not be challenged by means of a writ petition.

5. On 13-12 49 the Muafi lands of Badri Prasad were released from attachment by the State Government. On 14-12-49 he filed an application for refund of the income of the lands during the period of attachment after making deductions for Matmi dues and expenses. On this application an enquiry was ordered and it was reported that the Tehsil had made collections from the Muafi lands of Badri Prasad only in 1948 and 1949 and that during the remaining years collections had been made by Rao Pratap Singh and after his death by the court of wards on behalf of Rao Dhir Singh.

6. Before any action was taken on the application of Badri Prasad dated 14-12-49 Rao Dhir Singh attained the age of 18 years on 10-8-53 and his Thikana was released from the superintendence of the court of wards on 16-1-54.

7. Before the release of the estate from its superintendence the court of wards appointed Thakur Mukand Singh, Jagirdar of Thikana Chanod as the guardian of the person and property of Rao Dhir Singh under sec. 48 of the Rajasthan Court of Wards Act, 1951, which runs as follows :—

"48. Appointment of guardian on release of minor.—(1) When the Court of Wards decides to release from its superintendence, the person and estate of any minor, it may, before such release by an order in writing, appoint any person to be the guardian of the person or estate or both of such minor.

(2) Such appointment shall take effect from the date of such release.

(3) In appointing a guardian under this section, the Court of Wards shall be guided by the provisions of sec. 17 of the Guardians and Wards Act, 1890.

(4) Every such appointment shall be notified to the District Judge within whose jurisdiction, the estate or any portion thereof is situated.

(5) Every such guardian shall be deemed to have

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