2005 Supreme(Raj) 2850
Rajasthan High Court
Honble S.N. JHA, CJ. Honble KRISHAN KUMAR ACHARYA, J.
Sobhag Kanwar (Smt.) - Appellant
Versus
State of Rajasthan & Ors. - Respondents
D.B. Civil Writ Petition No. 4071 of 1989
Decided On : December 14, 2005
J.L. Purohit, for Petitioner Manish Shishodia, for Private Respondent
Headnote:Bundi Tenancy Act, 1942, Sec. 32; Rajasthan Tenancy Act, 1955, Sec. 15; Constitution of India, Art. 13 and 15 – Entitlement of married daughters to inherit the property of their father – Constitutional validity of Sec. 32 – Violative of Art. 15 read with Art. 13 of the Constitution – Held – On marriage, daughter becomes member of family of husband in laws and entitled to succeed on the death of her husband till her remarriage – She ceased to be heir – The classification between the married and unmarried daughter is founded on an intelligible differentia and has rational nexus with the object sought to be achieved – Sec. 32 is not ultra vires Art. 15/13 of the Constitution. (Paras 12 to 15)
(2). The case of the petitioner briefly is that her father Kishan Dan was the Khatedar tenant of Khasra Nos. 29, 72, 75/1 and 75/2 measuring 27 bighas and 14 biswas situated in village Chapras, Tehsil Bundi. He died in Samvat 2006 (corresponding to 1949 A.D.) leaving behind widow Smt. Lad Kanwar, two daughters namely, Roop Bai and the petitioner herein. On the death of Kishan Dan the lands were mutated in the name of Smt. Lad Kanwar. She used to get the lands cultivated through respondent No. 6 Modu and receive half of the produce. Lad Kanwar died in Samvat 2009 (corresponding to 1952 A.D.). After her death the petitioner along with Roop Bai started receiving half share of the produce from respondent No. 6 as before. Respondent No. 6 continued to cultivate the lands up to Samvat 2014 (Corresponding to 1957 A.D.). On 02.02.1958 he got his name mutated in respect of the lands by bringing the concerned officials in his collusion vide mutation No. 29 dated 02.02.1958. The petitioner along with Roop Bai filed suit seeking declaration of their Khatedari rights in the lands but the same was rejected on the ground that under Section 32 of the Bundi State Tenancy Act, married daughters are not entitled to inherit property of the father. Appeal to the Revenue Appellate Authority and the second appeal to the Board of Revenue also were dismissed. She has now come to this Court in this writ petition seeking reliefs as mentioned above. It would not be out of place to mention here that during pendency of the proceedings before the authorities below, Roop Bai died and the matter was prosecuted by the petitioner alone.
(3). The case of respondent No. 6 briefly is that his ancestors were cultivating the land in their own rights as tenant prior to death of Kishan Dan. On the death of Smt. Lad Kanwar escheat proceedings were initiated in respect of the lands in view of the provisions of Section 32 of the Bundi Tenancy Act, in absence of any legal heir. The proceedings was contested by the collaterals of the petitioner including Roop Bai. By order dated 03.11.1955 the Collector, Bundi held that the land stood escheated to the State. The order was confirmed by the Commissioner, Kota Division on 25.04.1956. Case of the respondent is that he was tenant in actual cultivatory possession of the land and his name was accordingly recorded as Khatedar tenant. Inasmuch as the land had escheated to the State in the year 1955, the suit seeking declaration of rights and possession filed in the year 1969 was wholly misconceived and untenable.
(4). We find force in the objection of the respondents that in view of the order dated 03.11.1955 the claim of the petitioner in respect of the same very land could not be allowed. It is true that the petitioner seeks quashing of the said order dated 03.11