JUDGMENT

H. Swarup, J. - The question referred to us in this case is : "whether succession to the holding of Smt. Budha would be governed by clause (i) or clause (ii) of Section 172 (2) (a) of the U.P. Zamindari Abolition and Land Reforms Act ? (hereinafter referred to as the Act) .

2. The facts necessary in this connection are that Smt. Budha had inherited Sir and Khudkasht from her husband on his death in 1946. She became Bhumidhar after the enforcement of the Act and died in 1962. The referred question has now arisen in connection with the succession which opened on her death. Under Clause (i) succession is governed by Section 171 and it applies to cases in which the female Bhumidhar or sirdar was in accordance with the personal law applicable to her entitled to a life estate only in the holding. Under clause (ii) succession is governed by Section 174 and it applies to female Bhumidhar or Sirdar who was in accordance with the personal law applicable to her entitled to the holding absolutely. At the time the question was referred there was a difference of opinion between the decisions of two learned judges in Malkhan Singh v. Jt. Director of Consolidation, 1967 R.D. 336, and Maya