JUDGMENT

FAZL ALI, J.:- This is an appeal by special leave against the judgment of a Division Bench of the High Court of Allahabad dated October 5, 1966, and raises a question of law regarding the applicability of Sections 172 and 174 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (Act. No. 1 of 1951).

2. It appears that the case had a chequered career and the dispute between the parties passed through several phases both before the Revenue Courts and in the High Court. In order to appreciate the point of law involved in this appeal, it may be necessary to give a resume of the facts which culminated in the judgment of the High Court under appeal. The dispute refers to lands comprised in Khata Nos. 1002, 1344 and 1411 of village Bishunpur in the District of Rae Bareli (U. P.). It is not disputed that these Khatas originally belonged to one Harbans who died leaving behind three sons, namely, Gurdin, Ramcharan and Ramadhin. Ramacharan appears to have died issueless but Ramadhin died leaving a widow Smt. Menda and a daughter from her Smt. Phoola who was respondent No. 1. The other son Gurdin died leaving a son Jit who had contested the present proceedings against Smt. Phoo