( 1 ) THIS Rule raises a short question. It is directed against an order of the learned District Judge of Jalpaiguri in Misc. Judicial Case No. 21 of 1956 under Section 31 (2) of the Land Acquisition Act, whereby the learned District Judge has refused the petitioner's prayer for payment to her of a moiety share of the award of Rs. 2,400/- on account of compensation for a masonry wall which had been deposited by the Collector in court under the said provision of law. The petitioner claims payment on the ground, inter alia, that, whatever might have been the position before the new Hindu Succession Act of 1956, under Section 14 (1) of that Act her interest in that money is no longer the limited interest of a Hindu widow but has become absolute interest making her absolute owner thereof. The question is whether the case would come under Section 14 (1) or would be governed by the exception thereto as enacted in the next sub-section.

( 2 ) THE petitioner Jaria Devi claims title to the money as the heiress of her husband who was one of the four co-parceners of the particular family owning, inter alia, the acquired property and alleges that, under a deed of partition, she had been allott

Click Here to Read the rest of this document