Judgment

HEGDE, J. :- These are appeals by special leave. The appellant Ganga Devi is the defendant in both these appeals. The suit was for partition. The genealogy of the family is as under :

Lalta Prasad son of Bal Gobind and Rajinder Bahadur son of Ram Bharose were the co-owners of the suit property. On the death of Lalta Prasad on December 26, 1948, his widow Chhabili Kuer succeeded to his share. After the death of Lalta Prasad and Rajendra Bahadur, Chhabili Kuer and Ganga Devi were in possession of the suit properties as co-owners. They were the zamindars of the land. Their zamindari rights were abolished by U. P. Act 1 of 1951 (to be hereinafter referred to as the Act). Thereafter, the title to the suit properties vested in the State of U. P., but in view of Section 18 of that Act the persons who were in possession of the land which vested in the Government became bhumidhars. Prima facie Chhabili Kuer and Ganga Devi became co-bhumidhars, in view of Section 18 of the Act. After the death of Chhabili Kuer, Ganga Devi applied for change of mutation exclusively in her favour and the mutation was effected in her favour in March, 1951. The present suits were brought in 1958.

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