NARAYAN VYANKATRAO Vs. NAGUBAI BALAJI

JUDGEMENT

(1.) THE short point on which the decision of this appeal rests is regarding the question of the applicability of the provisions of sections 164 and 165 of the Land Revenue Code, 1959, as they stood unamended prior to the amendment of these sections in 1961, to the disposition by will of a house built upon a plot of land held in Bhumiswami rights and situate within the urban area.

(2.) AT the very outset, it was stated by the parties that the challenge on the point of absolute ownership of Mst. Rajakka by adverse possession of the suit house was already given up before the first appellate Court and was not being challenged before this Court. Similarly, the findings that there was no relationship of landlord and tenant and that the will was duly executed and attested were also not under challenge.

(3.) THE lower appellate Court has held that the prohibition contained in section 165 read with section 164 of the Code was applicable to the present case since the will was executed on 4 -2 -1960 and also became operative on the same day when the provisions of section 165 of the Code, as they stood unamended on the aforesaid date, prohibited disposition of any interest of a Bhumiswami by a will.