Patna High Court
Shanta Devi vs The State Of Bihar And Ors. on 22 March, 1977
Equivalent citations: AIR1977PAT268, 1977(25)BLJR286, AIR 1977 PATNA 268
ORDER
1. In this application the petitioner has prayed for quashing an order D/- 20-9-1971 (Annex. '1'), of the Deputy Collector Incharge Land Reforms, Patna, Sadar, the appellate order of the Additional Collector Patna, dated the 29th June, 1973 (Annexure '2') affirming the order of the Deputy Collector Land Reforms, and the order dated the 10th Dec. 1973 (Annexure '3') of the Commissioner of the Patna Division, dismissing the petitioner's revision application.
2. Facts necessary for the disposal of this writ application may shortly be stated. One Thakur Prasad had Zamindari interest in three Tauzis, namely, Tauzi Nos. 6374, 6375 and 5894/5 of Villages Aurangpur and Bir Oriara of Police Station Masaurhi in the District of Patna. After the vesting of the Zamindari interests under the Bihar Land Reforms Act, Thakur Prasad filed returns in respect of his Zamindari. Thereafter, Thakur Prasad died in the year 1958, leaving behind his widow, Shanta Devi (Petitioner) and two daughters, Nirmala Kumari, and Manju Kumari, from his widow Shanta Devi. Thakur Prasad had another daughter, Sona Devi (Respondent No. 5), from a predeceased wife of Thakur Prasad, Kailasho Kuer. It is stated in the writ application that after the death of Thakur Prasad, the name of Shanta Devi was mutated in place of her deceased husband. On the 9th Dec. 1970, however, Sona Devi (Respondent No. 5) filed a petition before the Land Reforms Deputy Collector. Patna (Respondent No. 4), claiming interest in respect of the compensation payable for the intermediary's interest of late Thakur Prasad in the aforesaid Tauzis. She claimed in the petition that Tauzi No. 5894/5 belonged exclusively to her mother, Kailasho Kuer, and she had inherited her share exclusively in that Tauzi. With regard to the other Tauzis, she claimed half interest, the other half being that of Shanta Devi and her two daughters. The petitioner challenged the factum of Sona Devi being a daughter of Thakur Prasad.
3. The learned Deputy Collector, Land Reforms, after hearing the parties, came to the conclusion that all the three Tauzis, aforesaid. belonged to Thakur Prasad and directed that the name of Respondent Sona Devi be entered in the compensation rolls with respect to the eight annas share in three Tauzis and the name of Shanta Devi be entered in respect of the remaining eight annas. The petitioner's appeal and revision against that order failed and were dismissed, as per orders contained in Annexures '2' and '3' respectively. Thereafter, this writ application has been filed.
4. A counter affidavit has been filed by Respondent No. 5, in which it is stated that on the 21st December, 1938, her grand-father Mukund Lal, had executed a registered deed of gift in favour of her mother Kailasho Devi, in respect of Tauzi No. 5894/5 and since then that has been the Stridhan property of Kailasho Kuer. After the death of her mother, as Respondent No. 5 was only two years of age, her father got mutated only his name in place of Kailasho Kuer. It is stated that Respondent No. 5 is entitled to the entire compensation in respect of this Tauzi. It may be stated here and now that this case of the Respondent was not set up before any of the courts below and since it will require investigation of facts, it cannot be permit-ted to be agitated here.
5. Mr. Awadh Kishore Prasad, learned counsel appearing on behalf of the petitioner, has asserted that Thakur Prasad died after the Hindu Succession Act, 1956, came into force and under Section 8 of the said Act, on a male Hindu dying intestate, his properties shall devolve firstly on the heirs specified in Class I of the Schedule. It may be stated that we are not concerned with the other class of heirs. In schedule of Section 8, Class I heirs have been specified as under:--
"Class I.-- son; daughter; widow; mother; son of a predeceased son; daughter of a predeceased son; son of a predeceased daughter; daughter of a deceased daughter; widow of a predeceased son; son of a predeceased son of a predeceased son; daughter of a predeceased son of a predeceased son; widow of a predeceased son of a predeceased son."
All the heirs mentioned in the said class inherit simultaneously, that, is to say, in equal share. In the instant case, there is no dispute before us that the only heirs left by the deceased were his widow and the three daughters and all of them being Class I heirs, each one will be entitled to one fourth share out of the compensation for the intermediary's interest in respect of the aforesaid Tauzis, Accordingly, the orders of the Revenue authorities contained in Annexures '1' and '2' and '3' are modified to the extent that instead of eight annas share in the compensation, Respondent No. 5, Sona Devi, will be entitled to only one-fourth share.
6. In the result, this writ application is allowed to the extent indicated above. In the circumstances of the case, there will be no order as to costs.