Research › Browse › Judgment

Rajasthan High Court · body

1957 DIGILAW 119 (RAJ)

MATMI OF THAKUR SOBH SINGH BHOMIA. v. .

1957-06-05

G.S.MEHTA, SHYAMLAL

body1957
Sobh Singh in whose favour Matmi in respect of a Bhomawat grant situated in Khiror, Tehsil Udaipurwati having an annual Muamala of Rs. 39/11/9 was sanctioned under the order of the former Jaipur Council of State in May, 1912 died on 1.6.1946 without leaving a male issue. Matmi was claimed by Narain Singh son of Govind Singh on 27.6.1946.Bachan Singh son of Ujjain Singh also claimed Matmi on the ground that he was the adopted son of the deceased Sobh Singh Bhanwar Bai the widow of the deceased Sobh Singh supported Bachan Singhs claim regarding adoption by her deceased husband but also requested for release of the grant in her favour for her time. Mst. Gulab Bai window of Ganpat Singh requested for enhancement of her maintenance allowances but as she is dead now nothing need be said further on the point. On 23.12.1946 the Tehsildar recommended to the Deputy Commissioner of the former Jaipur State that the grant may be released in favour of Mst. Bhanwar Bai and that the claims filed by Narain Singh, Bachan Singh and Mst. Gulab Bai may be rejected. Objections were filed before the Deputy Commissioner. He held that as Bachan Singhs adoption did not receive any sanction and as he was absconding he was not entitled to Matmi. He also recommended that as the custom of releasing the grant in favour of a widow in Udaipurwati was an established one it deserved to be respected. He, therefore, made a recommendation accordingly. When the case came up before the Jaipur State Board of Revenue objections were filed by Narain Singh and Mst Gulab Bai. The learned Members of the Jaipur State Board remitted the case back to the Deputy Commissioner for puting up definite proposals for Matmi according to Rules. The following extract from the order will give the line of reasoning adopted in the case:— "We have perused the record and have considered over the arguments of the parties. "The case will have to be governed by the Jaipur Matmi Rules, 1945. Sec. 3 of these rules says that all existing orders, rules and Hidayats which are inconsistent with these rules are hereby repealed. It is true that there is no specific provision in the rules regarding the release of the state-grant in favour of the widow of a deceased Matmidar of Udaipurwati. Sec. 3 of these rules says that all existing orders, rules and Hidayats which are inconsistent with these rules are hereby repealed. It is true that there is no specific provision in the rules regarding the release of the state-grant in favour of the widow of a deceased Matmidar of Udaipurwati. No specific order on the subject has been traced so far; but this is a long established practice in Udaipurwati to release the State-grant in favour of the widow for her life-time in the event of Mamla-guzar Matmidar dying without leaving a male issue. Even after the passing of the Matmi Rules, several cases have been decided according to the old practice. As there was no specific order on the subject, it was presumably for this reason that no reference to it was made in the Matmi Rules of 1945. Bhomawat grants in Udaipurwati are in a class by themselves. For these reasons, the existing practice may well continue; but the custom is to release the property in favour of the widow when there is no lineal descendant of the last holder and no applicant for Matmi comes forward. In the present case one Bachan Singh has come forward as the adopted son of the deceased and one of the widows of Sobh Singh, viz. Mst. Bhanwar Bai supports this contention. In addition to Bachan Singh, there is another claim in the person of Narain Singh "In the circumstances, there is no justification for postponing the decision of the Matmi case and the D.C. should recommend as to who, in his opinion, is entitled to the Matmi of Sobh Singh. "As regards the request of Mst. Gulab Bai, widow of Ganpat Singh, as pointed out by D.C. this is not a Khangi case. If she wishes to get her Khangi raised, she should seek redress according to the procedure laid down by Government through the Hitkarni Committee. "We, therefore, reject the objection petition filed on behalf of Narain Singh and Mst. Gulab Bai, as also the request of Mst. Bhanwar Bai for the release of the property in her favour and remand the case to the Deputy Commissioner for putting up definite proposals for Matmi according to rules." In persuance of this order the Collector held further enquiries in the matter and has recommended that Matmi be sanctioned in favour of Narain Singh. 2. Bhanwar Bai for the release of the property in her favour and remand the case to the Deputy Commissioner for putting up definite proposals for Matmi according to rules." In persuance of this order the Collector held further enquiries in the matter and has recommended that Matmi be sanctioned in favour of Narain Singh. 2. We have heard the learned counsel appearing for the parties. The first and foremost question to be determined in the case is as to whether the widow of a Bhoma-wat grantee who dies without leaving behind any direct male lineal descendants is entitled to the release of the grant for her life time or not. We allowed adequate opportunities to the parties to produce before us cases that may have been decided by the former Jaipur State touching the point at issue. The office was also required to put up as many cases as possible having a direct bearing on this question. The learned Members of the Board while remanding the case on 29.11.1948 have clearly pointed out that "there is a long established practice in Udaipurwati to release the state-grant in favour of the widow for her life time in the event of Muamlagujar matmi-dar dying without leaving a male issue." It was also pointed out by them that even after the passing of the matmi Rules several cases have been decided according to the old practice. It wag, however, observed by them that as claimants had appeared in the present case it was not desirable to leave the question of matmi undecided and with that view the case was remanded to the Deputy Commissioner to put up proposals for matmi. With due deference to reasoning. When once it is conceded that the long established custom is that the widow of a deceased grantee is entitled to release of the grant in her favour for her life time, it is immaterial whether any claimant for matmi appears on the scene or not. The custom is an evident recognition of the right of the widow to enjoy the grant in her life-time. It was clearly not fresh sanction of the grant but was merely a release of the grant till her life-time. In other words the question of the sanction of matmi should remain in abeyance as long as the widow is alive and can properly be taken up only after her death. It was clearly not fresh sanction of the grant but was merely a release of the grant till her life-time. In other words the question of the sanction of matmi should remain in abeyance as long as the widow is alive and can properly be taken up only after her death. Shri Madan Mohan Tiwari appearing for Shri Narain has argued that this was the practice only in cases where no claimant for matmi appeared on the scene. He has produced a certified copy of a judgment dated 5.2.1914 of State Council Jaipur (Case No 214 of Svt. 1966, instituted on 26.1.1910 Thakurani Bikawatli vs. Sheo Nath Singh) in which it Was observed that according to the general principal Thakurani could not continue in possession over the grant. As against this Shri Dhonkal Singh has produced a certified copy of the judgment of the Jaipur State Council dated 24.10.1920 in a case relating to demise of Rawat Singh of village Khiror (the same, village wherein the grant in dispute is situated). In this case matmi was claimed by certain persons but the decision was to release the grant in favour of the widow of the deceased Besides, there are following cases as well wherein the right of the widow of a deceased grantee was accordingly recognised by the Board. (1) Case No 70 decided on 16.5.1956.—On the demise of Narain Singh, the grant was released in favour of the widow of the last-holder. (2) Case No. 126 decided on 11.5.1956.—On the demise of Dhonkal Singh the last-holder of village Khiror, the grant was released in favour of Mst. Chandra Bai; widow of the last-holder, for her life-time. (3) Case No. 172 decided on 24.2.1949.—In this case the grant was released in favour of Mst. Sakat Kanwar, widow of the last-holder for her life-time. (4) Case No. 67 decided on 19.10.1955.— On the demise of the last-holder Jatan Singh Bhomia of Chhipor the grant was released in favour of Chandra Bai, a widow for her life-time. (5) Case No. 68 decided on 20.10.1955 —On the demise of the last holder Akhey Singh, although Ugam Singh the nephew of the last holder was alive the grant was released only in favour of Mst. Jarao Kanwar, a window of last holder. (6) Case No. 3, decided on 8.7.1952-(Case No. 3 of Svt. 2009 Matmi-Jhunjhunu). (5) Case No. 68 decided on 20.10.1955 —On the demise of the last holder Akhey Singh, although Ugam Singh the nephew of the last holder was alive the grant was released only in favour of Mst. Jarao Kanwar, a window of last holder. (6) Case No. 3, decided on 8.7.1952-(Case No. 3 of Svt. 2009 Matmi-Jhunjhunu). On the death of Megh Singh, Bhomia the grant was released in favour of his widow for her life-time. (7) Case No. 175, decided on 3-2 1951-On the demise of the last-holder Balwant Singh Bhomia of Ponk the grant was released in favour of the widow Mst. Lad Bai, inspite of the fact that some descendants were alive (8) Case No. 102, decided on 12.4.1949—The grant was released in favour of Mst. Sugan Bai widow of the last-holder for life-time, although there were some claimants who later on withdrew their claims. (9) Case No. 18 of Svt. 2003—The grant was released not only in favour of the widow of the last-holder Mst. Bhanwar Bai but also the mother of Megh Singh the last-holder for their life time. (10) Case No 62 decided on 11.4.1948—In this case the grant was released in favour of the widow of the last-holder Jal Singh, Bhomia of Manaksas for her life time. 3. There is thus a long established practice in Udaipurwati to release the property in favour of a Bhomia who died heirless. In some cases the property has also been released in favour of the mother. The claim, therefore, of Mst. Bhanwar Bai widow cannot be ignored. As Mst. Bhanwar Bai widow of the last-holder Sobh Singh is alive the grant be released in her favour for her life-time in accordance with the long standing custom, the applicability of which has been recognised in the first proviso of sec. 13 of the Jaipur State Matmi Rules, 1945. The question of matmi shall be decided after Mst. Bhanwar Bais death. The maumla dues shall be realised from Mst. Bhanwar Bai.