M. N. Shukla, J.

1. THIS writ petition is directed against the orders dated 1-6-1970 and 21-9-1971 passed by the Settlement Officer, Consolidation and the Deputy Director of Consolidation respectively. The points which have arisen for decision are : the nature of the legal rights which vested in Smt. Kesar Kunwar, who was her legal heir after her death and on whom these rights subsequently devolved. '

2. THE dispute relates to chak No. 38 recorded in the basic year in the name of Smt. Kesar Kunwar, widow of Sumer Singh of village Harsainpur in pedigree for the purposes of appreciat - the district of Moradabad. The relevanting the controversy is noted below : Khamani Singh Bhagwant Singh Khushal Singh Baldeo Singh Harihar Phool Tika Badam Sumer Chhiddoo Gopal Chamman Singh Singh Singh Singh Singh Singh ? Singh Singh Smt. Kesar Kunwar was in the first instance married to Badam Singh and Smt. Moorti Devi, respondent No. 4, is the daughter of Smt. Kesar Kunwar by her union with Badam Singh. It is admitted that Badam Singh died when the Agra Tenancy Act, 1926 was in force and Smt. Kesar Kunwar remarried his real brother Sumer Singh also when the Agra Tenancy Act was in force. Su