KIDWAI, J. :- The petitioner, referred to in these proceedings as the Rani is the widow of Thakur Jai Inder Bahadur Singh, late Taluqdar of Mahewa who died on 14-11-1943.

2. On 1st July, 1923 Jai inder Bahadur made a gift to the Rani of 8 villages assessed to a Government Revenue of Rs. 10,000/. Subsequently the Rani purchased other properties also and was in possession of them till 11-5-1934 when the Court of Wards, U.P., assumed superintendence of her estate by virtue of declaration made by the Government under S. 8(1)(b) of the U.P. Court of Wards Act. When the new constitution of India came into operation, the Court of wards was in possession and the Rani does not seem to have raised any legal objection to this continued possession, though after the death of her husband, she repeatedly petitioned the Government to release her estate on the ground that she could manage it herself.

3. On 2-4-1952 a decision was pronounced by a Division Bench of this Court - vide Mrs. A. Cracknell v. State of Uttar Pradesh, AIR 1952 All 746 (A), in which it was Held that the provisions of, S. 8(1)(b), of the U.P. Court of Wards Act, being in derogation of Arts. 14, 15 and 19(1)(f) of the Co