ANANDIA Vs. STATE

JUDGEMENT

(1.) THIS appeal was filed in the Mehkma Khas of the covenanting Kotah State against the order dated 27.1.48 passed by the Revenue Commissioner of the same State which has now been transferred to this Board.

(2.) THE facts of the case, in brief, are that holding No. 20 measuring 47 bighas and 15 biswas in village Bordi in Tehsil Baran was in the khata of one Manna who died issueless. On 5.2.42 it was entered in the name of Anandia, a nephew of the deceased and a minor. Subsequently the Nazim Baran came to know that mutation of the Khata in the name of Anandia had been made without thorough enquiry and that Anandia was in the eighth generation of the deceased Manna and that according to sec. 46 of Circular No. 3 of the covenanting Kotah State, he was not entitled to succession. He, therefore, submitted a report to the Revenue Commissioner for the cancellation of this khata from the name of Anandia. THE Revenue Commissioner on 23.6.44 passed orders accordingly and the tenancy right of the holding in question escheated to the State THE Nazim Baran on 16.1.48 made recommendation for the auction of this holding, and on 27.1.48 the Revenue Commissioner passed orders of its auction. It was against this order that this appeal was preferred in the Mehkma Khas of the above named covenanting State.