MURTI Vs. UMRAO

JUDGEMENT

(1.) This revision has been filed against the appellate order of the Additional Collector, Alwar dated 26 8 -57 in a case relating to grant of mutation.

(2.) We have heard the learned counsel for the parties and have examined the record as well. The salient facts of the case are not much in dispute. The deceased Mohoria was the owner of Khewat No.16 comprising 9 Khasra numbers at Rs. 42.10.3 in village Beechpadi Tehsil Behror of Alwar District. There were other co -sharers as well in this Khewat who are now the opposite party before us. On 17 8 -52 Mohoria executed a will in favour his daughter Mst. Murti. Subsequently Mohoria died and Mst. Murti came in possession of the land. On 3 8 -53 she applied for grant of mutation in her favour. Objections were raised by the opposite party, It was contended by them that the will was invalid, that Mohoria had no right to make a will and that Mst. Murti had no right to continue in possession. The Tehsildar refused mutation in favour of Murti. She went up in appeal before the Additional Collector but met with no success. Hence this revision.

(3.) We have no hesitation in observing that both the lower courts have ignored the relevant provisions of law on the subject and have decide the case on untenable grounds. Sec. 123 of the Alwar State Revenue Code defines the word Biswedari. Persons who are entered as owners of land in revenue records and their successors by inheritance, gift or transfer shall enjoy Biswedari rights in such land so long as they occupy that land and pay the state revenue and all other demands. Sec. 124 lays down that on the death or desertion of an owner the rules of inheritance shall be observed as given in the Wajib -ul -Arz of each village or in personal law provided that they are not inconsistent with any rules laid down in Chapter 12 of the Alwar State Revenue Code A certified copy of the Wajib -ul -Arz was shown to us by the learned counsel for the opposite party. Para 4 relates to custom regarding inheritance of owners. It is laid down therein that on the death of a co -owner his male descendants would inherit the land. In default of heirs the widows will inherit it but shall have no right to sale or mortgage it. In case the deceased leaves behind no widow or sons then his collaterals would inherit the property, the nearer excluding the remoter ones. If there had been no will in the case the position would have been governed by this provision and the opposite party being collaterals would have inherited the property. To determine the effect of the will we have to refer to sec. 126 of the Alwar State Revenue Code. It runs: - -