BALA Vs. PIRIYA

JUDGEMENT

(1.) THIS appeal was pending in the State Council Kotah at the time of integration. It has been sent by the Rajasthan Government to the Special Board for disposal.

(2.) MT . Naini widow of Miyala was the recorded khatedar of 87 bighas and 17 biswas of land in village Durjanpura, District Kotah. Her sons widow, Mt. Panni was next to her in the line of succession, under sec. 46 of Circular No. 3 of the Kotah Revenue Code. With the full consent of Mt. Panni, she took Piriya as her adopted son by means of a registered deed and put him in possession of 64 bighas and 14 biswas of her khata. The remaining 13 bighas and 3 biswas, she gave to Mt. Panni and got it mutated in her name. Mt. Panni thereafter lived with the appellant, Bala to whom she first mortgaged the 13 bighas and 3 biswas of land, and later on, just before her death, made a gift of it in his favour in lieu of maintenance.

(3.) THE gift -deed was not attested by Mt. Panni before a proper Revenue Authority, as required by sec. 42 of Circular 3 of the Kotah Revenue Code. The courts below, therefore, rejected the claim of Bala and held that Piriya, being the next reversioner, was best entitled to the khata in dispute.