MANNALAL Vs. RAMESHWAR

JUDGEMENT

(1.) THIS is a revision application by the plaintiff applicant Manna Lal against the order dated 15.6.51 passed by the Additional Commissioner, Kotah in second appeal.

(2.) THE facts of the case, in brief, are that one Gopilal had 2 bighas 6 biswas of Muafi and 228 bighas and 11 biswas of Khatedari land in three villages, Kanwarpura, Kanedpura and Deopura. On his death all these holdings were mutated in his wife Mst. Kasturi's name. Mst. Kasturi adopted one Rameshwar as her son and got the adoption deed registered on 30.1.1940. THE applicant filed a suit for the cancellation of this adoption deed but his suit was dismissed on 27.1.44 and the holding in village Kanwarpura in Mst. Kasturi's name was mutated in the name of Mst. Kasturi and Rameshwar vide intkal case No. 442 on 27-646. THE mutations of the holdings in other villages Ummedpura and Deopura could not be made in the name of Rameshwar as they were contested by the applicant. On the death of Mst. Kasturi on 27.6.47 the applicant, on the basis of his being the nearest reversioner of the deceased Gopilal, the last owner of the holding in question, applied that all the Khatas in Mst. Kasturi's name be mutated in his name, as Mst. Kasturi inherited property from a male, therefore it will devolve upon her death to the nearest reversioner of the last male holder of the holding. THE Nazim and the Collector gave decree in favour of the applicant but in second appeal this judgment was upset by the Additional Commissioner, It is against this decision that this application in revision has been filed.