SEVARAM Vs. RUPA

JUDGEMENT

(1.) THIS revision, which has however been wrongly styled as appeal, has been filed against an order of the Additional Commissioner, Jodhpur, dated 17. 12. 53 in a case relating to grant of patta under the Marwar Patta Act.

(2.) WE have heard the parties and have examined the record as well. The facts of the case are not much in dispute. Sevaram and Haridas were two brothers who WEre in joint possession of the house in dispute. After Hari Dass' death his widow, Mst. Rupa, opposite party, applied for grant of a patta of the apartments in her possession alleging that a partition of the property had taken place. The applicant Sevaram raised an objection to the effect that no partition had ever taken place and that Mst. Rupa was not entitled to any patta as he was the sole surviving coparcener, of the joint property. The Patta Committee held that Mst. Rupa had a right of residence and maintenance in the house and therefore it would be in the fairness of things to issue a patta of the entire property in the name of both the parties, so that "any intending purchaser of the property would twice think over the matter and then only take the plunge. It is with a view to safeguard this interest of the applicant (Mst. Rupa) that we think it desirable to grant a patta in their joint names. " The learned Additional Commissioner also agreed with the Patta Committee that the alleged partition was not proved in the case. He upheld the decision of the Patta Committee on the ground that the question of rights and titles of parties was not to be gone into under the Marwar Patta Act and as Mst. Rupa was in possession of the house her name should also appear in the patta.