JUDGMENT

VERMA, J.:— This appeal by special leave under Art. 136 of the Constitution of India against the judgment of a learned single Judge of the Allahabad High Court in Writ Petition No. 3048 of 1973 decided on May 11,1979 (reported in 1979 All LJ 858).

2. The subject-matter of the dispute is a holding comprising of Khata No. 141 in village Khera, Laxmipur, Pargana Kashipur in District Nainital of which one Chain Sukh was initially the occupancy tenant. The said Chain Sukh died issueless prior to the date of vesting, that is, 1-7-1952 under the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the Zamindari Abolition Act") survived by his widow, Smt. Sukhia, The interest of Chain Sukh as the occupancy tenant of the holding devolved upon his widow, Smt. Sukhia, in accordance with S. 35 of the United Provinces Tenancy Act. 1939 (hereinafter referred to as "the Tenancy Act") in the absence of any male lineal descendant of Chain Sukh. The appellant, Smt. Mainia, is the sister of deceased Chain Sukh. Even according to the appellant, Smt. Mainia, Chain Sukhs widow, Smt. Sukhia, remarried Gopal Singh in "Karwa" form according to the caste custom about two