BHAINRON SINGH Vs. ADDITIONAL COLLECTOR KOTA

JUDGEMENT

(1.) THIS is an appeal, under Section 7 of the Rajasthan Escheats Regulation Act against order dated 7-6 67 by the Additional Collector, Kota The facts are that one Bhoorsingh died without issue. It was stated that he bad by a registered will dated 12-1-69 left 20 bighas of land and certain other specified properties to Mohansingh and Jagdish Singh (respondents No 3 & 4) sons of his brother-in-law, and the rest of the land and properties to Khuman Singh (respondent No. 2) son of his sister-in-law (wife's sister ). Bhairon Singh, appellant, who is the grandson of the brother of the deceased's father claimed that he had been adopted by the deceased much earlier and that he had also written a document on 21-2-60 (the date of his death) giving him some properties on the date of his death. It appears that respondents No. 3 & 4 (Mohansingh and Jagdish Singh) came into possession of the properties specifically left to them. The dispute remained between the appellant and respondent No. 2. The latter produced the will and claimed mutation of the land. There was then some sort of an agreement and by mutations dated 4-12-60, sanctioned by the Panchayat, Khasra No. 204 was shown in the name of Bharon Singh appellant and Khasra Nos. 160 and 171 in the name of Khumansingh respondent No. 2.

(2.) A complaint dated 9-1061 was submitted to the Collector by two persons Ganpatsingh and Kishan Singh, that Bhoorsingh deceased had died without heirs and the properties should be taken over by the State. Enquiries were, thereupon, conducted through the Tehsil and the Addl. Collector passed the impugned order dated 7-6 67, deciding that the properties were not subject to escheat and should vest in the respondents according to the will dated 12-1-59, depriving the appellant of any share. The order said that the appellant could, if he desired, get his claim decided by a Civil Court.