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1974 Supreme(All) 86

R.L.GULATI
Rudra Pratap – Appellant
Versus
Board of Revenue U. P. – Respondent


Advocates:
P.N. Bhutt, for Petitioners; S.R. Dwivedi, for Opposite Parties.

ORDER :-

One Smt. Kalpa was the widow of Ram Himachal, who had died during the lifetime of his father Bhagwan Din. After the death of Bhagwan Din in the year 1946, Smt. Kalpa inherited her proprietary share as the widow of the pre-deceased son, Ram Himachal. After coming into force of the U. P. Zamindari Abolition and Land Reforms Act, Smt. Kalpa came to be recorded as co-bhumidhar of the disputed khata along with other coparceners. After her death the petitioners, Rudra Pratap and Uma Shanker, applied for mutation in their favour. Rudra Pratap is the brother of Ram Himachal and Uma Shanker is the son of Ram Pratap another son of Bhagwan Din. The third respondent, Smt. Suraj Mukhi, who is the daughter of Kalpa, also applied for mutation in her favour. The Tehsildar and the Assistant Collector, Akbarpur, held that the provisions of the Hindu Succession Act, 1956, do not apply to tenancy land as provided in Section 4 (2) of that Act. In his opinion the Succession would be governed by Section 172 (2) of that Act under which alone a daughter of a widow is an heir. He accordingly upheld the claim of the petitioners and rejected that of the third respondent. The third respondent then wen




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