BHAGWAT SINGH Vs. HIMMAT SINGH

JUDGEMENT

(1.) THIS is an appeal against the order of the Collector, Bharatpur dated 8-9-1964 in escheat proceedings.

(2.) THE property in question is a bagichi in the abadi of village Gadoli. THE village was held in muafi by the muafidars of whom Himmat Singh Respondent is a descendant. One Harnet came to settle in the abadi of the village with the permission of the inhabitants of the village and set up the bagichi. After his death his son Kanhaiya put up his cottage in the bagichi and did some plantation work. Kanhaiya Baba died on 29-3-1961 without leaving any heir. THE impugned order of the learned Collector says that all muafis have been resumed and the question arises as to who retains the right in the bagichi in question. Having posed this question the learned Collector has not answered it, but has given the direction to the Tehsildar to ascertain the rights in the bagichi and if no one has any rights in the bagichi to take further proceedings. With these observations, the learned Collector has dropped the escheat proceedings.