AIR 1984 SUPREME COURT 1121 ::(1985) Jab LJ 105

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): D. A. Desai, A. P. Sen, V. Balakrishna Eradi , JJJ

Madhya Pradesh Land Revenue Code (1959) , S.158(1)(b), S.164— Partition- Inam lands and properties acquired from income of such lands - Being ancestral impartible estate devolving by rule of primogeniture, constitutes joint family property - Inam lands becoming bhumiswamy lands - Impartibility and Special mode of devolution lost - Properties therefore can be partitioned. ivil First Appeal No 91 of 1962, D/- 2-5-1969 (Madh Pra) Reversed.Inam lands - Partition. On a combined reading of Section 158 (1) (b) and 164, the legal consequence that ensued was that the incident of impartibility and the special mode of succession by the rule of primogeniture which were terms of the grant of inam lands under the Jagir Manual of the Holkar State, stood extinguished. After the conferment of bhumiswami rights the incidents and character of the tenure became transformed and the restrictions placed thereon disappeared, and such lands became capable of being held in joint ownership like any other coparcenary property. It must logically follow that the conferral of bhumiswami rights on the holder for the time being under Section 158 (1) (b) of the Code in respect of ancestral inam lands must necessarily enure to the benefit of all the members of the joint family.(Para 10) The incident of impartibility attached to inam lands no long....