KAMLA Vs. MST NAHIN

JUDGEMENT

(1.) Mst. Nahin filed a suit against Kamla for recovery of possession of her moiety share in 14 bighas & 18 biswas of tenancy at will implead. ing as a pro forma beft, the tenant of the other half in the joint khatauni, Mst. Tonkri. The latter died daring the pendency of the present revisions, but, as she was neither a necessary, nor even a proper, party in the case, her legal representative was not brought on the record.

(2.) The half share of the khatauni in suit was originally the tenancy at will of Mat. Nahin's husband, Daulatiya. The landlord was the Rana of Koti & the rent payable to him was in the shape of service, called beth. The tenants-at will were, therefore, recorded as bethus. On Daulatiya's death, the tenancy was recorded in the names of his two widows, the present pltf. & Mst. Paplo. The latter died in 1934 & thereafter only the pltf's. name stood recorded as bethu of half the kbatauni in suit. In the same year for the first time was Kamla deft s. name recorded as the person in actual cultivation of the entire khatauni. Ha was shown in the tenant's column along with the pltf. & Mst. Tonkri, the latter who being described as bethus, as before, & the former as ghair-maoroosi, or tenant-at-will.

(3.) It appears that some time prior to 193S Kamla applied to the revenue authorities for mutation of his name in place of the pltffs on the ground that she had remarried, bat his application was rejected on 22-12-1932. After that, as stated above, his name began to be recorded since 1934 as the person in actual cultivation of the khatauni. On 18-8-1936 he again applied for removal of the pltf's. name & mutation of his own on the ground that she had remarried and had for 10 or 12 years been living at her parental home, & that during this time he (Kamla) had been rendering beth & was the nearest reveraiouer to the estate of Daulatiya. The Revenue Officer of the State passed an order on 6-41939 that the tenancy be recorded in the name of Kamla, but that in case Mst. Nahin resumed residence in her late husband's house Kamla will put her in possession of 4 pathas of land for her maintenance. These proceedings were had ex parte without any notice to the pltf. In compliance with the said order dated 6-4-1939 mutation was effected on 7-6-1940. The pltf's. name was removed & that of Kamla mutated instead as bethu of the khatauni along with Mat. Tonkri. Kamla was also shown as the hissedar in actual cultivation of the entire khatauni. At the same time, pltf's. name was mutated on 4 bighas & 6 biswas in accordance with the said order, & it was also recorded that actual possession on this area was given to her on the spot.