A.P.MISRA, N.S.HEGDE
Sahibdar Khan – Appellant
Versus
Sadloo Khan – Respondent
( 1 ) THE question raised in this appeal is, whether Smt. Bandi mother of plaintiffs/appellants matured herself as absolute owner over the property left by her husband Sardar Khan by virtue of her being recorded as occupancy tenant in the Fasli Year 1320. If she had whether one of her son Sandloo Khan, defendant No. 1 had any right to gift through registered gift deed dated 18/06/1971 to his daughters, part of the same properly which, Smt. Bandi gifted through gift deed dated 27/03/1968 in favour of plaintiff-appellant ?
( 2 ). In order to appreciate the controversy it is necessary to produce the family pedigree.
( 3 ). It is not in dispute that one Peer Bux was the occupancy tenant of the land specified in Schedule a and b to the plaint. After his death it was succeed by his son Sardar Khan who died on 7/07/1912 (1320 Fasli ). The aforesaid Smt. Bandi the wife of Sardar Khan was recorded for the first time in the Khatani of 1320 Fasli, i. e. , in the same year in which her husband died, as occupancy tenant. The case of the plaintiffs-appellants is, on the date vesting, ( 1/07/1952), under the U. P. Zamindary Abolition and land Reforms Act, 1950, Smt. Band became bhumidari of the la
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