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1973 Supreme(All) 3

SATISHCHANDRA, P.N.BAKSHI
Uma Shanker – Appellant
Versus
The Deputy Director of Consolidation – Respondent


Advocates:
Radhey Shyam and R.S. Misra, for Appellants; G.P. Bhargava A.N. Bhargava, V.D. Ojha, S.D. Pandey, A.P. Pandey and Standing Counsel, for Respondents.

JUDGMENT :- One Ram Bali held the plots in dispute as his sir and khudkasht.

He died, leaving a son Lal Man and a widow Smt. Tirthraji. On his death, his son Lal Man succeeded to the plots. Lal Man died in 1943, leaving a widow Smt. Dharampatti and a daughter Smt. Urmila, Smt. Urmila had two sons Uma Shanker and Rama Shanker, who are the appellants before us. Smt. Dharampatti died before the date of vesting (30th June, 1952). Smt. Urmila (Lal Man's daughter) died in 1961. It appears that Smt. Tirathraji, the widow of Ram Bali also died in 1967. Before her death, she had transferred a major portion of the land in dispute in favour of Vidya Dhar and her own daughters, who are the respondents.

2. During consolidation proceedings, the appellants claimed to have succeeded to the holding as the daughter's son of Lal Man. This claim was contested by Smt. Tirathraji the mother of Lal Man. The claim of the appellants was repelled by the Deputy Director of Consolidation, who held that Smt. Tirathraji was a preferential heir to Lal Man than the appellants who were daughter's sons. The appellants instituted a writ petition, but the same failed. Hence the present appeal. The question before us i



























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