M.M.PUNCHHI, K.S.PARIPOORNAN
Gulab Devi – Appellant
Versus
Deputy Director Of Consolidation – Respondent
ORDER
We have remained unassisted because no one has appeared for the respondents.
2. From the judgment under appeal we gather that the High Court has proceeded on the basis of the genealogy drawn that Jageshwar Singh had 1/4th share in a joint holding. On the death of Jageshwar Singh, his widow Bhagwanti succeeded to his estate under Section 35 of the U.P. Tenancy Act, 1939 (the Act) which provides for a special rule of succession to a male tenant in contrast to personal law, and under head (b) thereof, the widow comes in the second position after the male lineal descendants in the male line of descent coming in the first. After her death, resort again had to be made to the same provision to discover who next would succeed to the estate and it turned out to be that under head (i), the unmarried daughter had a right to succeed. On that basis, both the daughters of Jageshwar Singh, namely, Gulab Devi, the appellant herein and Ram Kumari (whose estate is in dispute) succeeded to the property of their father in equal shares. After such succession, the U.P. Zamindari Abolition and Land Reforms Act, 1950 (the Abolition Act) came into force. While so, on 30.10.1954 Ram Kumari died. Shortl
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