JATA SHANKER Vs. PREM SHANKER AND OTHERS

JUDGEMENT

(1.) This petition arises out of consolidation proceedings.

(2.) The holding now in dispute was the sir or khudkasht of one Hari Nandan. It devolved on his two sons, Mahanand and Ramanand, Ramanand died in 1942. Mahanand, the other brother, died in 1956. Before his death, Mahanand executed a will in 1955 bequeathing his property to two of his grandsons, Jata Shankar (Petitioner) and Adya Shankar (Respondent No. 3). During consolidation operations, Prem Shanker another grandson of Aahanand through Pudh Nath raised an objection and challenged the validity, of the will. The Deputy Director has upheld the claim of Prem Shanker and rejected the will on the ground that Mahanand, being a member of the Joint Hindu family, became a joint bhumidhar and as such he could not bequeath any part of the joint family property. For this view, he placed reliance, upon a decision of this Court in Mahabir v. Suba Lal,1965 AndhWR 419

(3.) Another point of contest between the parties related to the share of Ramanand. The Dy. Director has found that Ramanand had separated from his brother Mahanand, though the will alleged to have been executed him in favour of the two of the grandsons of Mahanand was invalid because it was not proved to be genuine. He, therefore, upheld the order of the Settlement Officer (Consolidation) that the parties would have a share in all the family properties-according to the family pedigree.