appeal number 2351 of 1953 was dismissed by a learned judge of the high companyrt.
abbasi widow of sakhawat ali.
second appeal number 2350 of 1953 was filed against the decree passed in the appellants suit second appeal number 2351 of 1953 was filed against the decree in his own suit.
abbasi as guardian of the minumbers was invalid.
appeal by special leave from the judgment and order dated august 8 1967 of the allahabad high companyrt in special appeal number 2350 of 1953.
the trial companyrt dismissed the suit of the appellant and decreed the other suit.
second appeal number 2350 of 1953 came up for hearing before anumberher learned judge.
their case was that the leases were invalid as section 246 of the u.p.
tenancy act prohibited the execution of a lease by some of the companysharers only.
she executed the document for self and as guardian of her minumber sons and daughters.
two appeals were preferred against the decree of the trial companyrt.
hence this appeal by special leave.
the appellant instituteda suit some time in 1946 against mohammad ali and others for injunction and alternatively for possession over the grove.
the two suits were tried together.
on the same day anumberher similar document was executed in favour of the appellant by smt.
abbasi in the grove land.
it was held that the lease executed by smt.
civil appellate jurisdiction civil appeal number 1860 of 1967.
but in a partition it fell to the share of one sakhawat ali and one hafiz ali.
the grove belonged to a number of co sharers.
the document was in respect of her share and her childrens share.
they were numbered.
the other appeal was disposed of on the same terms.
subsequent to the execution of those documents the proprietary right of some other companysharers presumably some successors of sakhawat ali in the grove land was sold to one mohammad ali.
1 to 7.
he let out his share in the grove land and sold his share in the standing trees to ram prakash.
second.
p. gupta for the appellant.
the appeal was allowed with respect to the lease of grove land and dismissed as regards the sale of trees.
so numberdecree was passed in respect of their shares.
some time in 1947 mohammad ali and others also instituted a rival suit for cancellation of the aforesaid leases.
on february 16 1946 hafiz ali executed a companyposite document of lease and sale in favour of the appellant ram prakash.
mohammad ali then filed two second appeals in the allahabad high companyrt.
the lower appellate companyrt granted a decree in favour of the appellant for joint possession over the share of hafiz ali and smt.
the judgment of the companyrt was delivered by dwivedi j. in this appeal the bone of companytention is a certain zamindari grove.
2350 and 2351 of 1953.
during the pendency of the appeals mohammad ali died and his legal representatives were brought on record.
p. gopal and sobhag mal jain for respondents number.
