LADHU SINGH Vs. MADHO SINGH

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution.

(2.) THE case for the petitioner is that on the death of one Bhoor Singh of Dhanta he made an application that he should be recognised as the successor of the deceased. On Madho Singh minor through his guardian made an application on the 4th of June, 1953, claiming to be the heir of the deceased. THEre was some dispute about the correctness of the pedigree, but the Additional Collector, by judgment of 22nd September, 1955, upheld the claim of Madho Singh. On appeal the Revenue Board was of opinion that further enquiry should be made as to who was the senior most person in the line of Dhonkal Singh, to which line Madho Singh belonged. THE petitioner Ladhu Singh has filed this petition and it is urged on his behalf that the claim on behalf of Madho Singh was made more than one year after the death of Bhoor Singh, which took place on the 7th of August, 1950, and therefore, the application which was presented by the petitioners on the 28th of August, 1950, should have been allowed by the Board. Reliance was placed on Rule 12 of the Jaipur Matmi Rules, 1945.