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1980 Supreme(SC) 100

S.MURTAZA FAZAL ALI, P.S.KAILASAM
Bishwanath Pandey – Appellant
Versus
Badami Kaur – Respondent


JUDGMENT

FAZAL ALI, J.:— This appeal by certificate is directed against the judgment of the Allahabad High Court dated 3-2-1969 dismissing the Writ Petition filed by the appellant in limine. The undisputed facts of the case are that Smt. Badami Kaur was a widow of the last proprietor of the lands in dispute and she was recorded as such. The case was decided before the Consolidation authorities mainly on the basis of a statement alleged to have been given by Smt. Badami Kaur some time in the year 1931 as a result of which she was mutated as a widow of her husband. It was pleaded by the reversioners that the mutation was only by way of consolation without any rights in the properties which were to go to her collaterals; namely the respondents. This statement was made at a time when neither the U. P. Zamindari Abolition and Land Reforms Act was passed nor the Hindu Succession Act came into force. At the time when the matter was decided by the Deputy Director of Consolidation both the Acts had been passed which conferred absolute proprietary rights on Smt. Badami Kaur who is still alive. Once Smt. Badami Kaur became an absolute owner of the property, the respondents interest as collate




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