AIR 1965 GUJARAT 270

Gujarat High Court

Hon'ble Judge(s): P. N. Bhagwati, J. N. Mehta , JJ

(A) Bombay Merged Territories and Areas (Jagirs Abolition) Act (39 of 1954) , S.2(vi)(b), S.2(vi)(c)— Tenancy Laws - Scope - Villages held by talukdar can constitute 'Jagir' if they are recognised as of his ownership, use and enjoyment as his private property under merger agreement. The definition of 'Jagir' in S. 2(vi) of the Act is an inclusive definition and the concept of Jagir is artificially extended to cover the cases specifically mentioned in the inclusive clause. The distinction in language in sub-clause (b) and sub-clause (c) shows that while in the case of a ruler of a former Indian State only the villages "held as Jagir" in his own State are included, in the case of a talukdar, all the villages held by him as such are included. The only condition for the villages held by a talukdar of a merged taluka to constitute a 'Jagir' is that the said villages held by the talukdar must be recognised as of his ownership, use and enjoyment as his private property under the merger agreement.(Para 4) (B) Bombay Merged Territories and Areas (Jagirs Abolition) Act (39 of 1954) , S.3, S.14— Tenancy Laws - Rights of persons other than Jagirdar - Right is extinguished only if it was subsisting as incident of jagir-Defendant inheriting Jagir properties of deceased by customary rule of primog....