PYARE LAL Vs. MANI RAM

JUDGEMENT

(1.) The question for determination in this appeal is whether sister's son or decendants of father's father's father are entitled to inherit the property of the deceased. It is not in dispute that the right of succession in respect of the agricultural land in question is governed by a special legislation of the then Gwalior State, namely, Quanoon Mal Riyasat Gwalior, Samvat 1983 (hereinafter referred to as 'Special Legislation').

(2.) On factual matrix, there is no dispute between the parties. The subject matter of appeal is land in question left behind by one Harbilas. Harbilas died in the year 1948. Who out of the aforesaid two categories have the right of succession to his land, is the question The appellants fall in the category of descendants of great grandfather of Harbilas. Appellants are sons of Hansraj. Murli was father of Hansraj and Mohan was father of Murli. Harbilas was son of Bhagwant, Ghansyam was father of Bhagwant, Murli and Ghansyam were brothers, both being sons of Mohan, Mohan was, thus, great grandfather of Harbilas as also of appellants. The other defendants in the suit also belong to different branches of great grandfather, Mohan. The respondents are Harbilas's sister's sons. After the death of Harbilas, his sister's sons having failed before the Revenue Courts in their claim for succession, filed the suit which has given rise to this appeal, inter alia, seeking a declaration as owners of the land left behind by Harbilas and for restoration of possession thereof from the defendants being descendants of great grandfather of Harbilas. The suit for declaration and restoration of possession has been decreed by the trial Court. The judgment and decree of the trial Court has been affirmed in the first appeal as also by the High Court in the second appeal. Under these circumstances, the defendants in the suit are in appeal before us.

(3.) The only question is about the interpretation of part of Section 253 of the aforesaid Special Legislation. At the time of death of Harbilas, his sister Kokila was alive. The plaintiffs in the suit, namely, Pooja Ram and Mani Ram are sons of Kokila, Smt. Kokila died after the death of Harbilas. All the defendants in the suit, as stated above, belong to several branches of descendants of great grandfather of Harbilas. The controversy relates to interpretation of clause (9) of Section 253 of the Special Legislation read with Appendix 3 appended thereto. Admittedly, none of the claimants fall within clauses 1 to 8 of Section 253. Each of the two categories of claimants claim to fall within clause (9). The Special Legislation is in Hindi. Counsel for the parties admit that the correct English translation of Section 253 and Appendix 3 appended thereto reads as under:-