BHANWARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has filed this appeal against the order of the Collector, Tonk dated the 21st May, 1962 under the Rajasthan Escheats Regulations Act, 1956.

(2.) BRIEFLY, the facts are that one Kanwrilal Brahmin of village Lavadar, Tehsil and District Tonk died in the year 1954. It was alleged by Patwari that he died heirless and a report to that effect was made to the Tehsildar who found that two persons Ram Niwas and Ram Kumar had unauthorisedly taken possession of the deceased land and that Ram Niwas claimed the property of the deceased through adoption. The Collector, Tonk enquired into the matter and issued notices inviting claims to the property of the deceased Kanwarilal. Ram Niwas appellant filed an application claiming himself as an adopted son of the deceased Kanwarilal. In order to prove adoption he appeared as a witness and produced four other witnesses namely Bhura, Amra, Lala and Pansuri to support his adoption case. The Collector Tonk came to the conclusion that the fact of adoption was not proved on the basis of the oral evidence led by the claimant appellant and rejected his claim and referred the matter to the District Judge for passing a vesting order over the property of the deceased in favour of the State. Aggrieved by that order the appellant has filed appeal before us.