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1975 Supreme(SC) 203

A.ALAGIRISWAMI, P.K.GOSWAMI, P.N.BHAGWATI
S. Kalawati – Appellant
Versus
Durga Prasad – Respondent


Advocates:
B.V.DESAI, G.N.DIKSHIT, P.C.KAPUR, R.H.Dhebar, R.K.MEHTA, S.Baggar, UMA MEHTA

Judgment

A. ALAGIRISWAMI, J :- The appellant is the widow of one Goverdhandass. The l st respondent is her husband s brother. Goverdhandass and the l st respondent are the sons of one Bhojraj. The appellant claimed 11 plots in Khata No. 97 as land in which she was entitled to be joint tenant along with the 1st respondent. She also claimed certain other plots on the ground that they were acquired by Bhojraj and therefore it was joint Hindu family property and she was entitled to inherit those shared also as co-tenant along with 1st respondent. She succeeded in respect of the 11 plots in Khata No. 97 but failed in respect of the other plots.

2. The matter first came up before the Consolidation Officer and thereafter on appeal before the Settlement Officer and finally before the Deputy Director, Consolidation in revision. Against the order of the Deputy Director, Consolidation, she filed a petition before the High Court of Allahabad under Article 226. The High Court dismissed it in limine but granted a certificate under Article 133 (1) (a) of the Constitution.

3. A preliminary objection was raised on behalf of the 1st respondent that the certificate granted was not valid because the jud













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