CHANCHAL RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a plaintiffs' appeal from an order of remand dated 30 8 1951 passed by the District Judge of Mandi.

(2.) MT . Chandi succeeded to malguzari rights in certain land as a Hindu widow on the death of her husband Das. She died on 23 11 1998 B., i.e. sometime in 1941 A.D., and thereupon the then Mandi State took the property by escheat. The plaintiffs made a representation to the ruler of the State, but the latter affirmed the eschea.t so far as the land in dispute in the present litigation is concerned by an order dated 18 2 2005 B., i.e. sometime in 1948 A.D. The present suit was filed against the State on 29 6 1949 for a declaration that the plaintiffs were entitled to succeed to the property on the death of Mt. Chandi as reversioners to the last male holder Das and for possession of that property.

(3.) THE trial Court decreed the suit holding that the case was governed by the new law which came into force on 25 12 1948, i.e. by the Hindu Law. On an appeal by the State, however, the learned District Judge was of the view that the case was governed by Section 19 of the said Regulation, and, as the trial Court had framed no issue as to whether the disputed land was held by the common ancestor Bhagirath, he passed the order which is the subject matter of the present appeal setting aside the judgment and decree of the trial Court and remanding the case for redecision after framing the necessary issue.