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1963 Supreme(All) 200

M. C. DESAI, S. N. DWIVEDI, J. SAHAI
Ramji Dixit – Appellant
Versus
Bhrigunath – Respondent


Advocates:
R. B. Misra, for Appellants; G. P. Bhargava, for Respondents.

Judgement

DESAI, C.J. :I have had the advantage of reading the judgments of our brothers Jagdish Sahai and Dwivedi and agree with the view taken by the latter. The most important fact is that the legislature has not said anywhere that a widow who has inherited bhumidhari rights from her husband has only a life interest and cannot transfer the bhumidhari rights permanently. On the other hand, S. 152 has made the interest of a bhumidhar transferable subject only to the conditions contained in Chapter VIII. Bhumidhari rights being heritable can be inherited by

different classes of heirs but the legislature has made no attempt to distinguish between bhumidhari rights inherited by one class of heirs from those inherited by another class of heirs except in regard to succession or death. Other provisions in the Zamindari Abolition and Land Reforms Act concerning bhumidhari rights apply to all persons owning bhumidhari rights regardless of bow they acquired them or from whom they inherited them. The legislature ban made no distinction between the nature of bhumidhari rights inherited by a son from his father and the nature of those inherited by a Hindu widow from her husband and of those in

















































































































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