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1964 Supreme(All) 166

R.N.SHARMA
Kanizan – Appellant
Versus
Ghulam Nabi – Respondent


Advocates:
N. Banerji, for Petitioner; Standing Counsel, for Opposite Parties.

Judgement

ORDER : This is a petition for a writ of certiorari quashing the order dated 20-2-1964 passed by the Deputy Director of Consolidation. On the death of one Habib Ullah a dispute over his succession, arose between his nephew and Srimati Kanizen alias Haidari Begam who claimed to be his widow, having been his wedded wife, in the Consolidation proceedings in village Bawan, Ghulam Nabi filed objections under Sec. 9(1) of the U.P. Consolidation of Holdings Act claiming to be entitled to certain plots of land as a legal heir, of Habibullah. Srimati Kanizen alias Haidari Begam contested the objection. The main issue that arose for consideration before the Consolidation Officer was whether the deceased Habibullah was succeeded by his alleged nephew Ghulam Nabi of his alleged widow Srimati Kanizan alias Haidari Begam. The Consolidation Officer took into consideration the fact that this question had already been decided in another proceeding under the U.P. Consolidation of Holdings Act between the same parties relating to another village in which it was decided that Srimati Kanizan alias Haidari Begam was not the legally wedded wife of the deceased and that Gulam Nabi being the nephe








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