AIR 1949 NAGPUR 88

Nagpur High Court

Hon'ble Judge(s): Grille , C.J.

C.P. Land Revenue Act (2 of 1917) , S.75, S.159— Partition between co-proprietors - One allotted land free of revenue in lieu of share in village - Concession enures for benefit of his descendants and not to transferees who are alien to family. The whole principle of the Land Revenue Act is that the person enjoying the land is responsible for the revenue assessment, and provision is made for exceptions. One of the exceptions is an agreement whereby co-proprietors relinquish their rights in a village share and receive in return Malik Makbuza rights in certain plots free of revenue. That is a matter between the two proprietors themselves and their descendants, but this right does not enure to transferees of the original grantees or their descendants. Thus, where persons hold Malik Makbuza rights revenue free as against the lambardar as the result of family arrangements at partition in lieu of a share in the village, the right to hold in perpetuity extends only to the descendants of the original grantee and does not run with the land or enure for the benefit of transferees outside the family.. It is clearly the duty of the transferees, who are alien, to the family, on obtaining possession to make an application to the revenue authorities claiming exemption from payment of the land revenue. If this is not done the Lambardar-Malguzar's right to recover the revenu....