This appeal has been filed by a State Grantee against an appellate order of Additional Settlement Commissioner, Rajasthan, Jaipur, dated 12-1-54 in a case relating to grant of Parcha Chakbandi. 2. The respondents did not put up appearance despite notice and hence this appeal was heard ex-parte. The contentions raised before us by the appellants are two fold. One is that no Parchas ought to have been issued in favour of the respondents as the land in dispute lies in the bed of a tank. The other is that even if the Parchas are issued no cash rents ought to be fixed for them and the land should be held subject to Batai rent. As both these contentions are interwoven we will discuss them together. 3. Sec. 9(h) of the Jaipur Tenancy Act which has been made applicable to State grants as well by sec. 8 of the Jaipur State Grants Land Tenures Act lays down that Khatedari rights shall not accrue in lands used for casual or occasional cultivation in the bed of a river or land in the bed of a tank which Khatedari Parchas have not been given. It has been argued before us that no Khatedari rights can accrue in land in the bed of a river or a tank on the basis of these provisions. As the sub-section stands it does not connote a total prohibition against the accrual of Khatedari rights in such lands. It stands restricted by the clause, "for which Khatedari Parchas have not been given." Thus it becomes perfectly clear that land which was held by the tenants in their possession on the basis of which Khatedari Parchas can be granted to them under Sec. 8 of the Tenancy Act would not be excluded from the operation of the provisions conjoined in sec. 9 of the Tenancy Act. In the present case, it has been found that the respondents held this land as tenants in possession since prior to the construction of the Bund by the State Government and as such they cannot be deprived of their Khatedari rights. They are clearly eligible to the grant of Parcha Chakbandi. 4. As regards the second question, reference has been made to sec. They are clearly eligible to the grant of Parcha Chakbandi. 4. As regards the second question, reference has been made to sec. 84(i) of the Jaipur State Grants Land Tenures Act which runs as follows— "On the basis of the sanctioned rates, modified, if necessary, for individual villages or specified areas or soils as aforesaid, the Settlement Officer shall determine rents, whether by way of abatement, enhancement or commutation, payable for all holdings other than those lying in the bed of a river of a tank constructed at the expense of Government or an estate-holder." Obviously this has to be read subject to the provisions contained in sec. 8 of the Jaipur Tenancy Act. Lands for which the Khatedari Parchas have been issued to the tenants will be excluded from the operation of his provision, and more so in a case where the tenants themselves insist on the introduction of cash rent instead of Batai rent. The system of Batai rent ensures protection to the tenants against lean and thin years. Whereas the system of cash rent, generally speaking, makes no such provision after the fixation of rent. Where, therefore, the tenants themselves desire to be subjected to cash rents, there can be no legal objection to its implementation by the Settlement Officers. Thus there can be no objection to the fixation of cash rent in this case. 5. There is, however, another aspect which appears to have been hitherto ignored by the learned Additional Settlement Commissioner. The operative portion of his judgment simply states that the appeal be allowed, without issuing instructions to the subordinate officers as to how the land in dispute be classified and assessed. The judgment, therefore, is incomplete and shall have to be completed before it can be given effect to. We would, therefore, allow this appeal only to the extent that the learned Additional Settlement Commissioner will decide about the classification and assessment of the land in dispute to be adopted at the time of issue of the Parcha Chakbandi. In other respects, his judgment shall stand confirmed.