Schedule appended to Hindu Succession Act either in Class-I or II. There is no relationship between Tulsiram Tiwari and person claiming themselves legal heirs of Tulsiram of son, daughter, widow, mother, son of predeceased son…….. daughter of pre-deceased son and also of Class II i.e. father, son’s daughter son…… mother’s brother, mother’s sister. Only these categories of heirs are recognized under Hindu Succession Act and if there is no such person of aforementioned categories, the property will be reverted to the State and would draw attention of this Court towards judgment passed in Sheo Nand v. Dy. Director of Consolidation reported in (2000) 3 SCC 103 and would submit that it is clear that in absence of any legal heir of said Tulsiram Tiwari, the property escheated and it becomes the property of the government and it is only the State who, if can be allowed to be treated as landlord can take steps for eviction of defendants in accordance with law and in other words, the appellants have no right, title and interest over the suit property and the findings of the first appellate court of dismissal of civil suit giving liberty to the plaintiff to file suit for declaration, injunction with regard to title and possession based on title. Thus, no resort can be allowed to be made to the provisions of the Act of 1961 on which firstly matter has been filed before the Rent Controlling Authority and thereafter before the civil court and would pray for dismissal of the appeal.
