MOOL SINGH Vs. BHOOR SINGH

JUDGEMENT

(1.) THIS is an appeal against the order of Deputy Collector, Jagir, Churu dated 17. 2. 61 by which he has held the respondent Bhoor Singh to be the heir, u/s. 38 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as the Act) of the deceased Smt. Phool Kanwar.

(2.) THE appellants claim to have better title to the heirship of deceased jagirdar Phool Kanwar on the basis of the genealogical tree and assail the impugned order on the ground that the enquiry in the prescribed manner as envisaged u/s. 38 of the Act was not held by the Dy. Collector. We have examined the record. It appears thereby that the respondent Bhoor Singh made an application that Musammat Phool Kanwar had died and it was he who attended on her and performed the necessary ceremonies after her death and, therefore, he was entitled to be declared to be the heir. THE learned Deputy Collector only recorded the statement of the respondent, which too it appears was recorded not by himself but somebody in the office and which was not even attested and verified to have been read over and admitted to be correct by the learned Deputy Collector himself. THEreafter, he issued a notice inviting objections to the declaration of Bhoor Singh as the heir of the deceased Mst. Phool Kanwar, which was got published only in the Rajasthan Gazette and not proclaimed or made known to all parties interested in any other manner. No objection was preferred in response to the notice. THE learned Dy. Collector, therefore, after lapse of some more time, which was perhaps due to remissness on the part of his office, granted a succession certificate to the respondent Bhoor Singh. THE only reason stated in the order is that no claim had been preferred in response to the notice and, therefore, the respondent was recognised as heir u/s. 38 of the Act.