LAWS(BOM)-1956-12-20

SADU SITKURA Vs. BOARD OF REVENUE

Decided On December 20, 1956
Sadu Sitkura Appellant
V/S
BOARD OF REVENUE Respondents

JUDGEMENT

(1.) THE petitioner claiming to be the nearest relative of Atmaram, the deceased kotwar of Mouza Nawargaon, challenges the order of the Sub -Divisional Officer, Gondia, confirmed by the Deputy Commissioner, Bhandara, in appeal and by the Board of Revenue in revision, appointing Lakhan, the brother -in -law of Atmaram, as kotwar in succession to Atmaram.

(2.) THE matter is governed by Section 196(1) of the Central Provaices Land Revenue Act read with the rules framed under Section 227 of that Act. Section 196(1) reads as follows: For each village or group of villages there shall be appointed, in accordance with rules made under Section 227, one or more kotwars orvillage -watchmen. Rule 3 framed under Section 227, among other things, provides as follows :.On a vacancy occurring in the post of village watchman, the Revenue Officer exercising the powers of appointment shall select a successor, who shall, if possible, be the nearest relative of the previous incumbent.... Below this rule is to be found what is styled an 'Explanation' which runs thus: For the purposes of this rule the term 'relative' shall be deemed to include relatives on both the male and female sides and connections by marriage.

(3.) IT is then said that the petitioner being a relative by blood must be deemed to be a nearer relative of Atmaram than respondent No. 4, who is merely a relative by marriage. It is accepted before us that Atmaram and Sadu are related to one another in the manner set out in the geneological table given below : Great Grandfather Kondu Pandu Sitkura Shriram Sadu Nathu Atmaram Sister = Lakhan From a perusal of this table it would be clear that the petitioner is eight degrees removed from Atmaram. The respondent No. 4, being the husband of Atmaram's sister Gulabi, is much nearer in relationship to Atmaram. He could, for the purposes of determining the nearness of the relationship, be regarded to be related in the same degree to Atmaram as his wife was.