1984 (4) TMI 316 - SC - Indian Laws

Supreme Court Reverses High Court, Decrees Partition of Inam Lands as Joint Family Property

Anant Kibe And Ors. Versus Purushottam Rao And Ors.

The Supreme Court allowed the appeal, reversing the High Court's judgment and decree. The plaintiffs' suit for partition and separate possession of their ... - Issues Involved:1. Validity of the High Court's judgment and decree.2. Nature of the inam lands and properties acquired from their income.3. Impact of the Madhya Pradesh Land Revenue Code, 1959 on the inam lands.4. Rights of the junior members of the joint Hindu family.5. Applicability of the rule of lineal primogeniture and impartibility.Issue-wise Detailed Analysis:1. Validity of the High Court's Judgment and Decree:The Supreme Court was called upon to examine the correctness of the Madhya Pradesh High Court's judgment dated May 2, 1969, which had reversed the judgment of the third Additional District Judge, Indore. The High Court had dismissed the plaintiffs' suit for partition and separate possession of their half share of the suit properties, except for a house and agricultural lands at Ujjain. The Supreme Court found serious doubts regarding the correctness of the High Court's judgment and proceeded to record its views due to the general importance of the issues involved.2. Nature of the Inam Lands and Properties Acquired from Their Income:The inam lands were originally granted in 1837 by Maharaja Harihar Rao Holkar to Abaji Ballal for maintenance purposes. The inam lands were impartible, and the succession was governed by the rule of lineal primogeniture. The properties acquired from the income of the inam lands, such as residential houses at Indore and agricultural lands at Ujjain, were also considered part of the joint family property. The Additional District Judge had held that these properties were ancestral impartible estates and constituted joint family property, a view that the High Court did not uphold.3. Impact of the Madhya Pradesh Land Revenue Code, 1959 on the Inam Lands:Section 158(1)(b) of the Madhya Pradesh Land Revenue Code, 1959, brought about a drastic change in the nature of the tenure of inam lands. The inam lands became bhumiswami lands, and the incidents of impartibility and the rule of lineal primogeniture were extinguished. The Supreme Court held that the conferral of bhumiswami rights must enure to the benefit of all members of the joint Hindu family, making the bhumiswami lands liable to be partitioned like any other coparcenary property.4. Rights of the Junior Members of the Joint Hindu Family:The junior members of the family had rights of maintenance recognized by the proviso to Rule 3 of the Jagir Manual. Evidence showed that the inam lands, although impartible, were treated as part of the joint family properties, and the junior members were in joint enjoyment of these lands. The Supreme Court emphasized that the right of survivorship remained and that the inam lands, after becoming bhumiswami lands, could be held in joint ownership like any other coparcenary property.5. Applicability of the Rule of Lineal Primogeniture and Impartibility:The Supreme Court referred to the decision in Shiba Prasad Singh v. Rani Prayag Kumari Debi, which established that an impartible estate by custom is not the separate or exclusive property of the holder. The estate, though ancestral and impartible, retained its character as joint family property, and its devolution was governed by the rule of lineal primogeniture. The Supreme Court reaffirmed that the incidents of impartibility and the rule of lineal primogeniture did not destroy the nature of the property as joint family property.Conclusion:The Supreme Court allowed the appeal, reversing the judgment and decree of the High Court and restoring the judgment and decree of the learned Additional District Judge. The plaintiffs' suit for partition and separate possession of their half share in the properties described in Schedule 'A' to the plaint was decreed, and the decree was to be drawn in terms of the compromise arrived at. There was no order as to costs.