JUDGMENT

RANGANATH MISRA, J.:- The appellant filed a writ petition before the Allahabad High Court assailing the order made by Member, Board of Revenue in a Second Appeal under the Uttar Pradesh Zamindari Abolition & Land Reforms Act and the writ petition having been dismissed in limine, this appeal has been filed by special leave.

2. The appellant had claimed for a declaration that she was a co-tenure-holder along with defendants , 1 and 2 and was entitled to a share on partition. Ram Sewak was the original tenure-holder and left behind three sons, namely, Gokul, Parmeshwari Din and Ram Sewak. The defendants are heirs of Ram Kumar. Claim. was laid for partitioning the holding into three shares and for separate possession. Defendants 1 and 2 challenged the claim of the appellant by saying that she was not a co-tenure-holder on the ground that she had remarried one Raghuraj, a year before she laid the claim.

3. The short question for determination in this appeal is as to whether the appellant being admittedly the widow of a co-sharer of the holding at the time Ram Sewak died; whether she ceased to be a co-sharer or tenure-holder on getting remarried to Raghuraj. The appellant became wi