DEPUTY COMMR Vs. RAJA RAM

JUDGEMENT

(1.) Rai Krishnapal Singh was a taluqdar of taluqa Birapur in the district of Partabgarh. On 21-10-1939, the estate was taken over by the Court of Wards under the U. P. Court of Wards Act (No. IV [4] of 1912). Section 37 of the Act provides that :

(2.) The Court of Wards filed the suit out of which this appeal has arisen for possession of the plots given to the defendant by removing the trees planted by the defendant. It claimed that after it had taken charge of the estate Rai Krishnapal Singh had no right to execute the three documents mentioned above.

(3.) As regards the third document dated 16th January 1941 which was executed after the U. P. Tenancy Act (No. XVII of 1939) came into force on 1st January 1940 learned counsel for the respondent has admitted that the document must be considered to be bad and beyond the competence of Rai Krishnapal Singh. He has drawn our attention to Sections 205 and 206, U. P. Tenancy Act and has admitted that the grove-holder having a transferable and heritable right in the grove the transfer must be deemed to be a transfer of interest in a part of the property which is under the superintendence of the Court of Wards.