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1969 Supreme(All) 375

O. P. TRIVEDI, V. G. OAK
Basdeo Minor – Appellant
Versus
Director of Consolidation, U. P. , Lucknow, Camp at Unnao – Respondent


Advocates appeared:
Sri Ram Jee and H.M. Tilhari Holding Brief, for the Appellants; B.L. Shukla, Advocate, For the Respondent No. 4

JUDGMENT

O.P. Trivedi, J. - The dispute relates to plots Nos. 638 and 1298 on which in the basic year the name of Smt. Rukmin respondent No. 4 was entered as a bhumidhar. The appellants filed an objection under Section 9 of the U. P. Consolidation of Holdings Act alleging that the disputed land was originally the sir of one Gur Prasad who had two sons Dhakan and Achhey Lal. Achhey Lal predeceased Gur Prasad and on the death of Gur Prasad sometime before January, 1937 his other son Dhakan was the sole heir and as such the sole tenure-holder of the land. In mutation proceedings started with respect to this property on the death of Gur Prasad Smt. Rukmin, widow of Achhey Lal, claimed a share in the property. there was a compromise on January 8, 1937 in those proceedings and it was agreed that Smt. Rukmin will have the two plots for her life time without any right of sale or mortgage. In the objection before the Consolidation authorities the contention of Dhakan was that these plots were given to Smt. Rukmin in lieu of maintenance and that under Section 11 of the U. P. Zamindari Abolition and Land Reforms Act she was only an asami and not a bhumidhar and the entry is incorrect. This con

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