BIMLA DEVI Vs. BIMAL KUMAR

JUDGEMENT

(1.) The suit in which this revision has arisen was instituted by the petitioner-plaintiff Bimla Devi seeking declaration and perpetual injunction claiming that she being the widow of Chuni Lal son of Amar Singh by virtue of a 'will' executed by the deceased Chuni Lal is entitled to the property after his death and a mutation on the basis of the 'will' already stands attested in her favour. The suit was resisted by the other side and the trial court upon the pleadings of the parties, framed the issues and one of the issues so framed is that,"Whether deceased Chuni Lal executed will on 15-12-1973 in favour of the plaintiff and what is its effect on the suit. Opp"The parties led their evidence and the suit has been transferred to the Collector, Agrarian Reforms after holding that the validity and execution of the 'will' stand proved and consequently what is the effect of the will on the suit property. While dealing with this proposition, the trial court observed that Sections 30 and 31 of the Agrarian Reforms Act 1976 (hereinafter referred to as the Act) if made applicable to the 'will' the authorities created under the Agrarian Reforms Act have to hold an inquiry as to whether what is the effect of Section 31 upon the suit property. In order to hold such an inquiry and to decide the effect of will, the file has been transferred to Collector Agrarian Reforms, Bhaderwah, and decided the issue No. 2 accordingly.

(2.) The petitioner aggrieved of this direction and disposal of Issue No. 2 has sought revision of the impugned order on the ground that Section 31 of the Agrarian Reforms Act has no applicability on the determination of the question of any effect of the will upon the suit property.

(3.) I have heard the learned counsel for the parties, perused the record and memo of revision petition. The contention of Mr. Kotwal, learned counsel for the petitioner, is that prohibition created for alienation of land under Section 31 of the Act is not applicable to the land, subject matter of the will. The expression 'land' has been defined under sub-section (9) of Section 2 of the Act as follows :" "land" means land which was occupied, or was let, for agricultural purposes or for purposes subservient to agriculture or for pasture in Kharif, 1971 and includes --(a) structures on such land used for purposes connected with agriculture;(b) areas covered by, or fields floating over, water; (c) forest land and wooded wastes;(d) trees standing on land; and (e) 1(omitted)2 (but does not include an orchard or) site of a building or a structure within municipal area, town area, notified area or village abadi or any land appurtenant to such building or structure;"