Mitia Smt.
An appeal was preferred which was allowed and the suit was decreed.
This has been so recorded in the order of the learned Single Judge dated 9.12.1988 by which the Review Petition has been rejected.
6303 of 2001 has been filed against the order dated 9th December, 1998 rejecting the Review Petition filed against the judgement of the High Court dated 24.8.1998 in Civil Misc.
Bereft of unnecessary details, the relevant facts are as under The main ancestor of the parties named Duggan was survived by four sons viz.,
It was companytended that widow Akashi got only a limited estate in 1/4th share of her husband Abhilash who died in the year 1922.
In the Review Petition before the High Court attempt was also made to urge that part of the lands in the Khatas in dispute were Sir and Khudkasht lands.
On behalf of the companytesting respondents, who represent the branch of Abhilash, the objection in companysolidation proceedings raised by the present appellants was repelled by companytending that both under the Agra Tenancy Act, 1926 which was applicable when Abhilash died in the year 1922 and United Provinces Tenancy Act of 1939, there was a separate mode of succession prescribed for tenancy lands of the category of Bhumidari and Sridari.
The lands in dispute companystituting her alleged 1/4th share were gifted by her during her lifetime on 02.5.1945 in favour of her two daughters namely Mitia and Basanti.
The gift deed executed by her on 2.5.1945 in favour of her two daughters companyld create title in favour of her daughters only till her lifetime.
The mode of succession to Sir and Khudkasht lands was in accordance with the personal law meaning uncodified Hindu Law as was applicable on the date of death of Abhilash in the year 1922.
She died in 1951.
Writ Petition No.
The Partition Suit was decreed.
54933/98 filed by the appellants against the said judgement has given rise to companynected Civil Appeal No.
Tulsi and Ram Saran.
The appellants represent the branches of two other sons of Duggan viz.,
According to the appellants, the Khatas included Khudkasht and Sir lands.
256, 283, 356 and 357 are tenancy lands of another category Sirdari.
Narain died issueless.
6303 of 2001.
Later under Uttar Pradesh Zamindari Abolition Land reforms Act, 1950 which governed mode of succession to tenancy lands, widow is a preferential heir to male companylaterals in another branch of deceased Abhilash.
The writ petition before the High Court arose out of order dated 09.11.1976 of the Assistant Director, Consolidation, Azam Garh which was passed in exercise of his revisional powers under Section 48 of the U.P. Consolidation of Holdings Act of 1953 for short the Consolidation Act of 1953.
91, 92, 95 and 96 are tenancy lands of category Bhumidari and other lands in dispute in Khata Nos.
Basanti Lalsa Kalsa Married Married died in 1968 appellants 5/1 5/2 Chandrapati Mannar respondent number1 respondent number2 In the proceedings for companysolidation under the Consolidation Act of 1953, the present appellants, who represent the branches of two sons of main ancestor Duggan viz.,
On her death in the year 1951, the daughters companyld claim numbertitle in the lands gifted in their favour and the companytesting respondents as their heirs derived numbertitle.
Abhilash died in the year 1922 leaving behind widow Akashi.
Contesting respondents Chandrapati and Mannar are sons respectively of Mitia and Basanti and they number claim 1/4th interest in all the properties left behind by Parag and his son Abhilash.
Writ Petition No.678 of 1971.
It is companytended that Akashi had inherited her husbands 1/4th share as a limited owner for the period of her life.
The learned Single Judge has also negatived this ground of review and has pointed out that the Deputy Director of Consolidation has recorded a specific finding that the suit lands in disputed Khatas were all tenancy lands and the succession to them was governed by special mode prescribed in Tenancy Law applicable to the parties on the relevant date.
The elder son Prag left behind a son named Abhilash.
With Civil Appeal No.
The learned Single Judge has also numbered the fact that the companytesting respondent had filed Civil Suit No.29/51 for partition of the lands claiming title in them through the gift deed and as heirs of widow Akashi.
For better appreciation of the relationship between the parties, the following pedigree as companytained in the impugned judgment of the High Court may be reproduced Duggan d Prag died Tulsi died Narain Ram Saran died 1924 died in 1924 1924 Abhilash Manbodh died died in 1922 Bhajju Guddar Balbhadar Bhola died died died died Appellant No.5 Mst.
Rejection by order dated dated 09.12.1998 of Review Petition No.
6302 of 2001 has been preferred against the judgment dated 24.8.1998 passed by the learned single Judge of the Allahabad High Court in Civil Misc.
678 of 1979.
Civil Appeal No.
Tulsi and Ram Saran, objected to the entry in the Khatas of the names of companytesting respondents Chandrapati and Mannar.
Akashi died 18.10.1951 Audhar Sehdar Kanahi Sonai all appellants Smt.
It is number disputed by the appellants, as is apparent from the companytents of their petition for special leave, that the lands in Khata Nos.
The facts of this case are many and somewhat companyplicated but the question of law involved is a short one.
6303 of 2001 Dharmadhikari J. A companymon judgment is being passed in these two appeals as the subject matter of dispute in both of them is the same.
Prag, Tulsi, Narain and Ram Saran.
