Judgment

CHANDRACHUD, J. :- The question which arises for consideration in this appeal is whether the appellant Patiraji is entitled to the "Adhivasi" rights under Section 20 (b) (i) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 ("the Act").

2. One Ram Adhar and the respondents were co-tenants of certain lands situated at Bibiganj, District Sultanpur. On the death of Ram Adhar on 24-2-1949 the appellant took proceedings under the U. P. Tenancy Act 1939 for a declaration that she was the widow of Ram Adhar and as such, had become a co-tenant along with the respondents. The appellant succeeded before the Assistant Collector but in appeal, the Additional Commissioner and then the Board of Revenue took a contrary view, holding that the appellant was not the widow of Ram Adhar. The judgment of the Board of Revenue is dated July 1, 1954.

3. In the meanwhile, the Act had come into force on July 1, 1952. The appellant then brought the present suit, treated as one under S. 20 (b) read with Section 232 of the Act. The case of the appellant is that her name was recorded as an occupant in the Khasra of 1356F, that she has therefore become an Adhivasi under Section 20 (b) (i) and is