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1976 Supreme(SC) 434

P.K.GOSWAMI, S.MURTAZA FAZAL ALI, Y.V.CHANDRACHUD
Kasturi Devi – Appellant
Versus
Deputy Director Of Consolidation – Respondent


Advocates:
B.DUTTA, E.C.AGARWAL

JUDGMENT

FAZL ALI, J.:—This appeal by special leave involves a pure question of law regarding inheritance to the property of one Karua. Briefly put, the case of appellant was that the disputed Khata was recorded in the name of Karua the son of Madhua who died leaving behind his widow Kasturi and his son Karua. He had two brothers Khushi Ram and Lekhraj who claimed to be the next reversioners. It is obvious that on the death of Madhua, Kasturi as the widow got half share in the property and the other half went to Karua. The dispute seems to have been arisen on the death of Karua when two rival claims were put forward, one by kasturi who contended that she was entitled to inherit as mother of Karua, whereas Khushi Ram averred that as Kasturi had married Lekhraj she should be divested of her interest and excluded from inheritance as a result of which the property would pass on to Khushi Ram and Lekhraj in equal shares as next reversioners. The appellant also denied the fact that Kasturi had remarried Lekhraj. The first Court of the Consolidation Officer negatived the claim of Kasturi and directed mutation to be made in the name of Khushi Ram under the provisions of the U. P. Consolida








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