JAMUNA DASS Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE relation ship between the parties appears from the following pedigree table: (Table on next page)

(2.) TULSI owned some 'Sir' and Khud-Kasht land and some tenancy land. Upon his death his three sons Nathu Ram. Tega Lal and Budha in herited these each getting a one third share therein. In 1949 Tega Lal. Budha and Smt. Sita were murdered. Tega Lal's one third share was inherited by his widow Smt. Bhagwati. Upon the death of Nathu Ram his one third share was inherited by his son Jamuna. The dispute relates to the one third share of Budha.

(3.) SMT . Bhagwati then preferred two second appeals before the Board of Revenue. The Board held that Nathu Ram had committed the murder of Budha. Tega Lal and Smt. Sita. It fur ther held that on the death of Smt. Kamla her share in the Bhumidhari plots as well as the Sirdari plots would have devolved upon Jamuna but for the fact that Jamuna was disqualified from succession under Hindu law as he had succeeded, Nathu Ram who was a mur derer. The Board of Revenue was of the view that the tenancy law was sub ject to the general provisions of the Hindu Law unless there was any specific provision to the contrary. It further held that the share of Smt. Kamla devolved upon Smt. Bhagwati and. there fore. Smt. Bhagwati was entitled to a two third share. The Board according ly allowed both the appeals and modified the judgments and decrees of the trial and appellate Court and decreed the suits only for a one third share. Against the -judgment of the Board of Revenue a writ petition was filed by Jamuna.