SAHIBDAR KHAN Vs. SADLOO KHAN

JUDGEMENT

(1.) The question raised in this appeal is, whether Smt. Bandi mother of plaintiffs/appellants matured herself as absolute owner over the property left by her husband Sardar Khan by virtue of her being recorded as occupancy tenant in the Fasli Year 1320. If she had whether one of her son Sandloo Khan, defendant No. 1 had any right to gift through registered gift deed dated 18th June, 1971 to his daughters, part of the same property which, Smt. Bandi gifted through gift deed dated 27th March, 1968 in favour of plaintiff-appellant

(2.) In order to appreciate the controversy it is necessary to produce the family pedigree.

(3.) It is not in dispute that one Peer Bux was the occupancy tenant of the land specified in Schedule A and B to the plaint. After his death it was succeed by his son Sardar Khan who died on 7th July, 1912 (1320 Fasli). The aforesaid Smt. Bandi the wife of Sardar Khan was recorded for the first time in the Khatani of 1320 Fasli, i.e., in the same year in which her husband died, as occupancy tenant. The case of the plaintiffs-appellants is, on the date vesting, (1st July, 1952), under the U.P. Zamindary Abolition and Land Reforms Act, 1950, Smt. Bandi became bhumidari of the land with full right to transfer. Thereafter, she executed a gift deed dated 27th March, 1968 in favour of appellants to the extent of her half share and retained the other half for herself. She died within 6 to 7 months after the execution of this deed. After her death appellants claimed 1/2 share out of her retained share by inheritance, which would be ¼th share in the land of Schedule B property as grandson of Smt. Bandi. Accordingly, they claim to be the Bhumidar owner of the entire land of Schedule A and to the extent of 3/4th share in Schedule B property.