9911796707
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Issues:
Interpretation of a mokurreree tenure in a Hindu zemindary, Effect of receipt of rent post grantee's death, Doctrine of escheat in case of vacant inheritance, Right of reversion or escheat to Crown upon failure of heirs in a mokurreree tenure, Applicability of English feudal law principles to Hindu zemindars. Analysis: 1. The judgment deals with a dispute regarding a mokurreree tenure granted by a Hindu zemindar to an infant daughter of his illegitimate family. The grant was intended to create an absolute and hereditary tenure. The question arose concerning the receipt of rent after the grantee's death and its impact on the claim to resume the lands. The recognition of the tenants' interest through rent receipts raised the issue of whether the zemindar had the right to resume the lands. The High Court's decision was based on determining the rightful claimant to the land upon the grantee's death without heirs. 2. The doctrine of escheat to the Crown in cases of vacant inheritance was discussed, citing a previous case involving a zemindary. The judgment highlighted the applicability of Hindu law and the Crown's right to take property subject to any trusts or charges. The judgment emphasized the general right of the Crown to take by escheat the land of a Hindu subject without heirs, subject to existing charges or trusts affecting the property. 3. The argument was made that the mokurreree, being an absolute and alienable interest, did not revert to the zemindar upon the grantee's death without heirs. The judgment analyzed the nature of the tenure and concluded that the zemindar did not have the power of escheat. It was determined that if the zemindar lacked such a right, the general right of the Crown to take by escheat prevailed. 4. The judgment ultimately upheld the High Court's decision, stating that the superior title to the lands, in the absence of legal title for the parties in possession, resided with the Crown rather than the zemindar or his representatives. The ruling affirmed that the Crown held the right of escheat in such circumstances, advising to affirm the decree under appeal and dismiss the current appeal with costs. In summary, the judgment clarified the rights and entitlements concerning a mokurreree tenure in a Hindu zemindary, addressing the implications of receipt of rent post-grantee's death, the doctrine of escheat in cases of vacant inheritance, and the Crown's right in the absence of legal heirs. It emphasized the distinction between the zemindar's rights and the general prerogative of the Crown, ultimately affirming the Crown's superior title in the dispute.
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