Judgment

HEGDE, J:- This case illustrates the consequence of entrusting judicial work to those who had no judicial training and back-ground. A simple question whether the family of the respondent was divided or undivided has been pending decision for about 20 years.

2. One Jethaji was the girasdar holding a giras estate known as Manghani Taluka. That giras is a part of Kotdasanghani Mahal. Jethaji had three sons (1) Jesangji; (2) Arjunsinji and (3) Mohansinhji. On the death of Jethaji, the giras devolved on his sons. Arjunsinhji died in or about 1945 leaving behind his two sons Pradyumansinhji and Balwantsinhji. The case of the respondent and his brother was that the giras had been divided between their father and their two uncles sometime in 1938 though Rajkam in that respect was executed only on October 20, 1950. On September 1, 1951, all giras estates were abolished under the Saurashtra Land Reforms Act (to be hereinafter referred to as the Act). Thereafter the girasdars were only entitled to certain limited area as their gharkhed. If the family is held to be undivided then that family as a unit can get one gharkhed land but if that family is held to be divided on the date the Act came into force each one of the divided branches is entitled to get separate gharkheds. Hence if it is held that the family is a divided family the members of that family would get more lands as gharkhed than they would be entitled to if they are held to be undivided at the relevant time. The respondent, his brother and their uncle made separate applications to the Special Mamlatdar, Gondal on November 25, 1951 under Section 19 of the Act for allotment of a separate gharkhed to each of them. To those applications tenants on the land including the appellants were joined as respondents. The tenants opposed the applications on the ground that the family of the girasdars was still joint and therefore, the respondent, his brother and his uncles were only entitled to joint gharkhed. The Mamlatdar by his order dated July 4, 1952 held that the daily was joint. The girasdars went up in appeal to the Dy. Collector, Gondal. Their appeal was dismissed on May 14, 1953. Then the girasdars took up those matters in revision to the Revenue Tribunal. The Tribunal by its order dated January 28, 1954 remanded the matters to the Special Mamlatdar for further enquiry in accordance with the directions given by it. The Special Mamlatdar recorded further evidence and by his order dated October 19, 1954 he again held that the family was joint. The girasdars did not appeal against that order within the time prescribed. But on September 4, 1956, they filed applications to the Saurashtra Government under sub-section (2) of Section 63 of the Act to set aside the orders of the Special Mamlatdar and the Deputy Collector. These applications were accepted by the Government on October 22, 1956. The Government set aside the orders of the Special Mamlatdar and the Deputy Collector and remanded the cases to Mahalkari, Kotdasanghani to rehear and decide the cases on merits. At this stage it may be noted that by the time the Government came to make those orders the office of the Special Mamlatdar had been abolished and his jurisdiction had been transferred to Mahalkari, Kotdasanghani. The Mahalkari by his order dated December 21, 1957 held that the family had separated and that the girasdars were entitled to separate gharkheds. After this order was passed Jesang, the uncle of the respondent appears to have settled his dispute with his tenants and the order made by Mahalkari in his petition became final. But in the applications made by his nephews, the tenants appealed to the District Deputy Collector but their appeal was rejected by him on February 25, 1958. Against that order the matter was taken up in revision by the tenants to the Tribunal. The Tribunal by its order dated April 29, 1958 rejected the revision application taking the view that it had no jurisdiction to entertain them as t