SORAWAR SINGH Vs. KAN MAL

JUDGEMENT

(1.) eard learned counsel for the parties.

(2.) This case has a chequered course of claim to rights to the land in question.

(3.) The land in question as appears from the chronology of events recorded by the Board of Revenue in its judgment dated April 24, 1985, while deciding the review application arising out of its judgment dt. 5-6-1978, that the land in question was a khudkasht land of Samandar Singh, who died on Miti Kartik Sudi 15 Samvat 1975 correspending to Gregorian Calendar 1913. He left behind him no male issue, but was survived by a widowed mother and two widows Ugma Bai and Bhanwar Bai. By Order No. 21773 trier then Ruler of Mewar ordered to take the said Khud-Kasht land under the management of the State on finding that the three female heirs of Samandar Singh viz. the two widows and widowed mother are not able to look after the land. The yearly yield from the Hawala land was Rs. 125/- per annum and same was ordered to be paid to two widows and the widowed mother of Samandar Singh. Thereafter, on Miti Posh Budhi 10 Samvat 1976, the then Ruler of Mewar passed another Order No. 23756 to the effect that the income from the land in village Parlia should be appropriated to the Government of Mewar and the three widows may be paid subsistence allowance of Rs. 125 per year during their lifetime by the Mewar Government, which amount was enhanced from time to time. The Hawala land was for sometime continued to remain in the name of widowed mother of Samandar Singh, but later on it was entered in the name of Government. In Samvat year 1996 (1940) Kanmal s/o Bheron Lal and Bansi Lal s/o Kali Charan, were entered as Shikmi (sub-tenant) in respect of land in dispute. Meanwhile, widowed mother and one widow of Samandar Singh namely Ugam Bai had expired and only Bhanwar Bai survived.