KIRORI JUGAL KISHORE Vs. MAN BAI

JUDGEMENT

(1.) Kallu Singh, son of Mehr Singh, Chauhan Rajput of village Bat Tahera in Tehsil Jhajjar, District Rohtak, was the last male holder of the land now in dispute. He died sometime in 1920 and on his death Smt. Makhman, his widow succeeded to his estate. On 1st August, 1930 Shiv Nath Lambardar made a report to the Patwari that Smt. Makhman, widow of Kallu Singh, had died without leaving any issue and that Jiwan Singh, son of Shiv Singh, was in possession of the estate left by her. It was, in the circumstances, suggested that Jiwan Singh's name be entered in place of the lady. After making a reference to the pedigree table it was reported that no heirs of the deceased were traceable. The proceedings of 2nd September 1930 before the Revenue Officer show that Smt. Makhma had by means of interrogatories admitted Jiwan Singh to be her heir and raised no objection to her name being removed form the revenue papers. The pedigree-table of the settlement of 1879 was then referred to and then mutation was ordered to be entered in favour of Shamilat Pana Gahtoli in proportion to Khewat money on account of her karewa marriage. I may here not that the original report by Shiv Nath Lambardar that Smt. Makhman had died was obviously incorrect and what was perhaps intended to be stated was that she had remarried.

(2.) On 28th April 1944 Jiwan Singh attempted to have the mutation entered exclusively in his own name, but he did not succeed and on 14th September 1944 mutation in his personal favour of the entire estate was rejected. Smt. Man Bai, defendant No. 1--respondent in the present litigation, applied in 1945 for review of the mutation entry of 1930 on the ground that being the sister of Kallu Singh's estate. Her application for review was allowed by the Collector on 12th October 1945 and after protracted proceedings before the revenue authorities the mutation in her favour was sanctioned on 13th June 1947. During the mutation proceedings Shivnath Singh raised the objection that his ancestors had given the land in question to Smt. Man Bai's grandfather and therefor, this property should revert to him. This plea was, however, not sustained by the authorities. It was also explained in these proceedings, that till then Smt. Man Bai had come to know about the mutation entry in favour of the properties of Pana Ghatoli, and since her brother's wife, Smt Makhman, was alive, she never came to this village and did not know as to what was happening with respect to the revenue entries. It may also be stated here that in the course of the mutation proceedings the proprietors took up the plea that this lady was not Mohar Singh's daughter and, therefore, was not entitled to succeed as Kallu Singh's sister on remarriage of Smt. Mahkman. After investigating into the matter the Naib Tahsildar upheld Smt. Man Bai's claim on 2nd November 1949. It is worth nothing that in these proceedings Jiwan Singh expressly admitted that Smt. Man Bai was Mohar Singh's daughter and Kallu Singh's sister.

(3.) The present suit was instituted on 31st August 1951 by Karori mal and Sewa Ram for a declaration that Smt. Man Bai had no right of succession or ownership in respect of the land left by Smt. Makhman deceased and that the plaintiffs and defendants Nos. 8 to 12 along with Jiwan Singh defendant No. 2 are the owners and possessors thereof in proportion to the shares of the Khewat money regarding Pana Ghatoli and that Smt. Man Bai had no right to interfere with their said right.