RAMCHANDRI Vs. SHRILAL

JUDGEMENT

(1.) THIS revision application has been filed against the order of the Divisional Commissioner Kotah dated 31. 3. 53 passed in a second appeal.

(2.) THE facts of the case in brief are, that a khata of 41 bighas and 9 biswas of land in village Mandol, tehsil Baran was in the name of one Mst. Motial. She mutated this land with the consent of her reversioners as under. 31 bighas and 9 biswas to Mst. Ramchandri her daughter vide intkal No. 1400 and 10 bighas to Shri Lal her reversioner vide Intkal No. 1110. Some time thereafter Mst. Ramchandri approached the patwari of the village complaining that Shrilal had taken unlawful possession of 9 bighas and 16 biswas of her land consisting of 31 bighas and 9 biswas. THE patwari thereon opened Intkal No, 1976. Shrilal also, on his part lodged a complaint that Mst. Ramchandri had performed Nata i. e. to say she had remarried and as such she 113 longer remained eligible to hold the khata mutated to her. Intkal No. 1980 was opened on this application. THE acting Tehsildar on 23. 6. 49 passed orders on both the Intkals THE order on Intkal No. 1980 which relates to Shrilal's application states that since Mst. Ramchandri has remarried and that there are other claimants of this holding a file may be opened, but thereafter on 20. 12. 49 another order was passed on this very Intkal that since Shrilal has not appeared in the court, the application be dismissed for default. THE order relating to Mst. Ramchandri's Intkal No. 1976 states that since she has remarried, she is not entitled to the land in question and her application be dismissed. Mst. Ramchandri went in first appeal to Collector Kotah but it was transferred to the S. D. O. Baran who heard it and accepted the appeal and ordered that she may be put in possession of 9 bighas and 7 biswas of land forcibly taken possession of by Shrilal. Shrilal went in second appeal to the Divisional Commissioner Kotah who ordered that the holding be entered in the name of Mst. Motia, the mother of Mst. Ramchandri for her life time and accepted the appeal. It is against this order that Mst. Ramchandri has come in revision before the Board.