Judgment

SHARMA, J.:- The question involved in this case is whether a Bhumidhar with transferable rights while bequeathing his Bhumidhar right in favour of certain beneficiaries can subject it to a life estate in favour of another beneficiary, and if he is held to be so authorised, whether the interest of the life estate holder shall continue to be a life estate or shall get enlarged defeating the bequest in favour of the other beneficiaries.

2. The Bhumidhar of the disputed land Chukkhan executed a will directing that life estate will be vested in his wife Mst. Gilia and the vested remainder in their daughters present respondents Nos. 6 and 7. Smt. Gilia entered in possession of the land on Chukkhans death and executed a will in favour of the present petitioners. On her death a dispute arose in a proceeding under the the Consolidation of Holdings Act as to whether the petitioners should be recognised as Bhumidhars or the respondents Nos. 6 and 7. The Consolidation Officer, respondent No. 3 herein, accepted the claim of the respondents Nos. 6 and 7 but the decision was reversed in appeal by the Settlement Officer. The matter was, thereafter, taken in revision before the Assistant Dir