- (1.) THIS appeal was pending before the Rajya Sabha, Kotah, at the time of integration. The Rajasthan Government has sent it to the Special Board of Revenue for disposal.
(2.) THE dispute is about the succession to a tenancy khata of 21 bighas and 8 biswas in village Karadia, Tehsil Mangrol, District Kotah which was recorded in the name of Shrimati Motiya (deceased) who inherited it from her husband, Shri Laxminarain. The claimants are : - (1) Shrimati Kesarbai, daughter of Motiya; and (2) Madholal father's brother's son of Laxminarain, the original Khatedar. It is not disputed that Shrimati Kesar, claimant No. 1, lived with her mother Shrimati Motiya at the time of the latter's death. The Nazim, the Assistant Revenue Commissioner, Baran and the Revenue Commissioner, Kotah, have concurrently held that Shrimati Kesar has a better claim to mutation, as she is 10th in the line of succession against Madholal whose position is 22nd vide sec. 46 (1) of the Circular No. 3 of the Revenue Code, Kotah. The Revenue Minister, Kotah, reversed the above decision mainly on the ground that the daughter, viz. Shrimati Kesar was not living with her father, nor with her mother at the time of their death, on the other hand, her mother Shrimati Motiya who was blind lived with her. He also remarked that there was no provision in sec. 46 of the Circular No. 3 of the Revenue Code for the succession to the tenancy holding of a female khatedar, which is not correct, as sub-sec. (2) of sec. 46 of the Code which perhaps escaped his notice, prescribed succession to a female khatedar. According to this sub-sec, if the female khatedar dies issueless (foyk vkSykn) the succession is governed by the provisions of sec. 46 (1). In this particular case, in the presence of Shrimati Kesar, her daughter who shared in cultivation with her and maintained her till her death, Shrimati Motiya cannot be said to have died issueless, and as such succession to the holding in dispute in favour of the issue will be governed by sub-sec. (2) and not by sub-sec. (1) of sec. 46 of the Circular No. 3 of the Revenue Code, Kotah. Only in the absence of an issue of the deceased female khatedar, the other reversioners of the original male khatedar could claim succession in the order enumerated in sub-sec. (1) of sec. 46. We, therefore, hold that, in the presence of an issue, an outsider cannot claim succession to the holding to the deceased female khatedar Shrimati Motiya. For reasons given above, the appeal is allowed, the order of the Revenue Minister, Kotah, is set aside and the concurrent decision of the other courts below is restored. ;