CHANARAM Vs. PYARI BAHU

JUDGEMENT

(1.) THIS is a reference by Mr. Justice Tare, The question is: What in the nature of the estate Inherited by a female Pucca tenant under the provisions of the Madhya Bharat Land Revenue and Tenancy Act No. 66 of 1950?

(2.) FACTS material for this reference are that Chanaram and Raghunath were members of the same family descending from a common ancestor. Raghunath was a tenant in an agricultural holding situated within, the territories of the former Gwalior State. On Raghunath's death Mst. Pyari Bahoo succeeded him. She adopted one Sitaram, son of the second Respondent Mulu. In a previous suit it was held that the adoption (dated 19 - 1 -1949) was not valid. Subsequently, on August 6, 1958 Pyari Bahu by (sic) deed of sale transferred certain lands in favour of Sitaram and Mulu. This suit was filed challenging the alienation made by Pyari Bahu for want of legal necessity and claiming an injunction to restrain Pyari Bahu from committing acts of waste.

(3.) ON October 2, 1951, the Madhya Bharat Zamindari Abolition Act. No. 13 of 1951 came into force. On that date, by virtue of Section 41 of the Act, Pyari Bahu became a tenant of the M. B. Govt, and all provisions of Part II of Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007, Act No. 66 of 1950, (hereinafter called the Tenancy Act) became applicable.