BHANWARIA Vs. NAWLA

JUDGEMENT

(1.) - This is an application for the revision of the order dated 21. 2. 52, passed by the Additional Commissioner Kotah in a second appeal.

(2.) THE facts of the case, in brief, are that in village Hathiakhedi in Tehsil Chechat the non-applicant Nawla held 41 bighas and 17 biswas of land in his khata. It was mortgaged for Rs. 143/- to Nanudas. He made a conditional gift of this land in favour of his nephew Bhanwaria in 1926 provided he paid the mortgaged amount of Rs. 143/-to Nanudas. THE applicant paid this amount to Nanudas, and the khata was mutated in the name of Bhanwaria. In the mutation register a condition has been laid to the mutation that Bhanwaria will give food and clothing to Nawla all his life. Further it has also been entered that if Bhanwaria failed to give food and clothing to Nawla, the khata may again be cancelled from his name mutated in the name of Nawla provided he paid Rs. 143/-to Bhanwaria. In 1948 Nawla applied to the Tehsildar Chechat that Bhanwaria did not give him food and clothing and the Tehsildar gave decree in his favour. In the first and second appeal the same judgment was upheld. It is against this order that the applicant has come in revision before the Board.