RASSIA Vs. LACHMI DASS

JUDGEMENT

(1.) The property in dispute in this appeal belonged to one Sohna who died in Sambat year 1973 leaving a widow Mt. Niranjano in whose favour mutation of names was effected as his heir and successor. In 1982 mutation of names was effected in favour of the appellant Rassia as the adopted son of Sohna. Mt. Niranjano died on the 6th Katik 1988 and the appellant continued in possession. It was not till 6th Katik 2000 that the suit which has given rise to this appeal was instituted by the respondents who claimed title to the estate of Sohna on the basis of Ailan No. 23 promulgated by His Highness on 12th Har 1985. They claimed to be the coaharers in the village and as such entitled to the estate of Schna who had died "isaueless". The Ailan which is in Urdu proclaimed that on the occasion of the Coronation ceremony of his Highness he was pleased to declare, inter alia, that if in a joint Khata an owner, Malguzar or Assami or an occupancy tenant dies "issueless" (ludhvald) his interest would devolve on his coaharers. In a later clause the Ailan declares that if in a Bhaichara Mahal an owner, Malguzar or Assami dies "issueless" (ludhvald) then instead of his estate becoming subject to the law of escheat would devolve upon the cosharers of the entire Mahal, the same being treated as Shamilat Deh. The appellant Rassia contested the suit claiming to have been adopted by Sohna and also denying the right of the plaintiff's to succeed to the estate of Sohna who was in no way related to them. It is not disputed that the plaintiffs belong to different families and indeed to different castes and that they have no right to succeed to the estate of Sohana under the ordinary law of inheritance applicable to him. In substance they claimed by right of escheat which accrued to His Highness who by his Ailan, already referred to, waived it in favour of the cosharers, in this case the plaintiffs.

(2.) The Ailan has been reproduced in the Standing Order No. 23 of the Revenue Department Rule 63, which is in English. The Marginal note appended to this rule is "Lawaris Holding" and Sub-rules 1, 2 & 3 run as follows:

(3.) It will be observed that in this rule the equivalent of Lawalad (Issueless) is not used. It uses the expression "without heirs" and is undoubtedly more in accord with the intention underlying the Ailan.