DHANBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this Judgment the connected First Appeal No. 88/1972 (Smt. Dinoobai v. State of M. P.) is also disposed of as identical questions arise in both these appeals. Though these 2 appeals arise out of 2 different suits by 2 sisters but the suits were consolidated and common judgment has been passed. These suits are for declaration under Section 11 (5) of the M. P. Ceiling on Agricultural Holdings Act, 1960, (hereinafter referred to as the Act) to have the orders passed by the competent authority set aside.

(2.) It is not in dispute that late Cowasji, who died in the year 1948, owned 718.20 acres of lands in different villages of Murwara Tahsil of Jabalpur District. He left behind his widow Gulbai, 3 sons Timrasji, Bejanji and Dorabji and 2 daughters Dhanbai and Dinoobai. It is also not in dispute that they are Parsis and governed by the provisions contained in Chapter III of Indian Succession Act, 1925. Two Revenue cases Nos. 74 (A-90). B-III of 63-64 (State v. T. C. Bajan Malguzari Accounts Katni) and 82 (A-90) III of 63-64 (State v. Bejonji) were started in respect of these 718-20 acres of lands by the Sub-Divisional Officer, Katni, who is the competent authority appointed under the Act. After the draft statements were prepared under Section 11, objections were preferred by the 2 daughters claiming their 1/10 share in the property left behind by Cowasji. The Competent Authority by his 2 separate orders dated 133-1967 disallowed the objections holding that the 2 daughters have failed to prove that they have any interest in the property and their objections are an afterthought so as to take out some lands out of the ceiling cases. Aggrieved by these orders, the 2 daughters filed separate suits, Dinoobai filed Civil Suit No. 27-A/67 and Dhanbai filed Civil Suit No. 28-A/67. In each suit the State of M. P., the mother, 3 brothers and the other sister were made defendants.

(3.) The plaintiffs' case is that after the death of Cowasji, under Chanter III of the Indian Succession Act the following persons inherited the property left behind by Cowasji to the extent shown hereunder:-