JUDGMENT

A.P.MISRA, J.

(1) LEAVE granted.

(2) THE short question which arises for our consideration is, whether on the facts and circumstances of the case inheritance, when female Hindu Bhumidhar dies, the situation would be governed by Section 172(2)(a)(i i) or Section 172(2)(a)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "U.P.Z.A. Act"). The appellants case is, even if Section 172(2) applies, as held both by the Appellate court and the High court, Section 172(2)(a)(ii) would apply, as Smt. Kaushalya Devi (deceased wife of the Appellant) inherited the self acquired property from her father, before the date of vesting under the aforesaid Act. Submission is, Smt. Kaushalya Devi, as aforesaid inherited the said property from her father and became absolute owner and not limited owner for life. Thus, on her death Section 172(a)(ii) would apply, hence devolution would be governed by Section 174, under which the property would devolve on the appellant who is the husband of the deceased.

(3) IN order to appreciate the controversy, we hereby give short essential facts. The present appeal confines its dispute to Khata Nos. 31 and 35 of Village Vishunpur, Phulvaria, Pargana Haveli, Tehsil Pharenda, District Maharajganj in District Gorakhpur, U.P. Musai was the father of Smt. Kaushalya Devi who acquired this property. He died in the year 1944 when his daughter Smt. Kaushalya Devi inherited this property. She was later married to the appellant. She had 2/5th share each in the said two Khatas along with other recorded co-tenure-holders who are respondents before us. On the date of vesting, under U.P.Z.A. Act, Smt. Kaushalya Devi became co-bhumidhar along with the aforesaid other co-tenure-holders. However, she died in the year 1953. Thereafter appellant got his name mutated vide order dated 14.12.54.

(4) DURING consolidation of holdings proceedings the appellant claimed his right as tenure holder in place of Smt. Kaushalya Devi, to the extent of 2/5th share in the said two Khatas and exclusive right in respect of Khata No. 37 to which we are not concerned in the present case. The contesting respondents opposed this and claimed their right, being co- sharer under Section 175 of the said Act as Smt. Kaushalya Devi died leaving no heirs. For ready reference Section 175 is quoted hereunder:- " Section 175 Passing of interest by survivorship: In the CASEOFACO-widow,ORACO-tenure-holder, who dies leaving no heir entitled to succeed under the provisions of this Act, the interest in such holding shall pass by survivorship."

(5) THE Consolidation Officer accepted the claim of the appellant and dismissed the objection of the contesting respondents. Being aggrieved, the respondents filed an appeal before the Assistant Settlement Officer Consolidation. The Appellate Authority held that the respondents being co-tenants were entitled to inherit the share of Smt. Kaushalya Devi under Section 175 of U.P. Zamindari Abolition and Land Reforms Act, 1950. The Appellant preferred revision before the Deputy Director Consolidation. The Revisionary Authority applying Section 14 of the Hindu Succession Act, 1956 held that Smt. Kaushalya Devi became full owner of the properties and hence after her death her husband, namely, appellant inherits the property. This order was challenged by the respondent before the High Court through a writ petition, which was dismissed but their special leave was allowed by which the case was remanded back to the Deputy Director Consolidation. After remand this Revision Authority applying Section 175 held that respondents being co-tenure-holder would be entitled to inherit Khata Nos. 31 and 35. Thereafter the appellant filed writ petition before the High court which was disposed of by means of the impugned order. The High Court confirmed the finding of the Revisionary Authority and dismissed the petition of the appellant. Being aggrieved,