Gajendragadkar, C. J. - (1.)The short question which this appeal raises for our decision is in relation to the construction of R.9 of Bombay Regulation VIII of 1827. Purporting to act under the said Rule the learned Additional District Judge at Bijapur has ordered that the Dy. Commissioner of Bijapur district be appointed the administrator for the management of the estate of deceased Kashibai Sangappa Gadigappa Desai who died on the, 1 st January, 1958. According to this direction, the Administrator has to manage the estate of the said deceased Kashibai including the scheduled property, both moveable and immovable, until the right of succession is determined by a competent court of law.The appellant Mallappa Basappa Desai challenged the propriety and the validity of this order by moving the Mysore High Court in its revisional jurisdiction under S. 115 of the Code of Civil Procedure. The High Court was, however, satisfied that there was no ground to interfere with the order passed by the learned Additional District Judge. Against this decision the appellant has come to this Court by special leave; and on his behalf Mr. Pathak has urged that the impugned order is not justified by the terms of R. 9. That is how the only question which we have to decide in the present case is about the construction of R. 9.
(2.)It appears that Sangappa Gadigappa Desai was the last male holder of the Desgat properties with which the present proceedings are concerned. These properties are extensive and yield substantial income. On his death, his widow Kashibai came into possession of the said properties. The appellant alleges that in 1929 the Collector of the district held that the appellant's father was the nearest male reversioner to the estate left by Sangappa Desai. In 1943, the appellant's father died. In 1946 again an enquiry was held and it is alleged by the appellant that he was found to be the eldest male member of the eldest branch of the family, and as such was entitled to succeed to the Desgat and other properties left by Sangapa. Even so, Kashibai continued to be in uninterrupted and exclusive possession of the properties until she died on the lst January, 1958. On the 7th January, 1958,the appellant, filed an application before the Mamlatdar praying that his name should be entered in the Record of Rights in respect of lands of the Jainaput Desgat estate. This application led several other applications by different persons who claimed to be entitled to succeed to the estate. These respective applicants are the six respondents to the present appeal. Respondent No. 1 filed Application No. 1 of 1958 under S. 192 of the Indian Succession Act, 1925, on the 8th January, 1958. On the same day, respondent No. 1 applied for the appointment of a Commissioner and an ex parte order was passed appointing Mr. Managoli as the Commissioner. The Commissioner made an inventory and the ex parte order passed appointing him as such Commissioner was later confirmed. On the 9th January, 1958, respondent No. 2 filed Application No. 2 under Bombay Regulation VIII of 1827. On the 5th February, 1958, respondents 3 and 4 filed Application No. 4/ 1958 under Rules 9 to 10 of the said Regulation. On the 6th February 1958, respondent No. 2 filed Application No. 5/1958 under S.192 of the Indian Succession Act. On the 10th February, 1958, respondent No. 6 filed a similar application No. 6/1958 under Regulation VIII of 1827. That is how these five applications raised a common question about the succession to the estate of which Kashibai was in possession as the widow of her deceased husband Sangappa Desai.
(3.)It appears that on the application made by the appellant for mutation of his name in the Record of Rights the Tehsildar made an order on the 27 February, 1958 directing that the appellant's name should be shown as superior holder in respect of the lands forming part of the Desgat estate. That order was challenged by respondents 1 to 4 by appeals referred before the Assistant Commissioner of Bijapur. Their appeals were, however, dismissed and the Tehsildar's order was confirmed on the 17th May, 1958. The said respondents then moved the Mysore Revenue Appellate Tribunal in its revisional jurisdiction. The Appellate Tribunal allowed the revision applications by its order dated 5th December, 1958 and directed that the names of the respondents should be entered as superior holders along with the appellant. The appellant then moved the Mysore High Court under Art. 227 of the Constitution and his application was allowed, the order passed by the Appellate Tribunal was set aside and that of the Assistant Commissioner was confirmed. This decision was pronounced on the 7th December, 1959.