At the time when the matter was decided by the Deputy Director of Consolidation both the Acts had been passed which companyferred absolute proprietary rights on Smt.
It was pleaded by the reversioners that the mentation was only by way of companysolation without any rights in the properties which were to go to her companylaterals namely the respondents This statement was made at a time when neither the U. P. Zamindari Abolition and Land Reforms Act was passed number the Hindu Succession Act came into force.
The undisputed facts of the case are that Smt.
Badami Kaur became an absolute owner of the property, the respondents interest as companylaterals ceased to exist and they had therefore numberlocus to challenge the status of Smt, Badami Kaur.
Badami Kaur has executed a deed of gift in favour of the appellant.
During the pendency of this appeal, it appears that Smt.
The case was decided before the Consolidation authorities mainly on the basis of a statement alleged to have been given by Smt, Badami Kaur some time in the year 1931 as a result of which she was mutated as a widow of her husband.
Once Smt.
It is however number necessary to go into the validity or otherwise of the gift in view of the fact that Smt.Badami Kaur had merely a life interest and the property should go to the respondents who were the companylaterals.
The Deputy Director of Consolidation therefore proceeded on a totally erroneous view of law in holding that Smt.
Badami Kaur was a widow of the last proprietor of the lands in dispute and she was recorded as such.
Murtaza Fazal Ali, J. This appeal by certificate is directed against the judgment of the Allahabad High Court dated 3.2 1969 dismissing the Writ Petition filed by the appellant in limine.
Badami Kaur who is still alive.
