AMAR SINGH Vs. ASSTT DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) The question involved in this case is whether a Bhumidhar with transferable rights while bequeathing his Bhumidhar right in favour of certain beneficiaries can subject it to a life estate in favour of another beneficiary, and if he is held to be so authorised, whether the interest of the life estate holder shall continue to be a life estate or shall get enlarged defeating the bequest in favour of the other beneficiaries.

(2.) The Bhumidhar of the disputed land Chukkhan executed a will directing that life estate will be vested in his wife Mst. Gilia and the vested remainder in their daughters present respondents Nos. 6 and 7. Smt. Gilia entered in possession of the land on Chukkhan's death and executed a will in favour of the present petitioners. On her death a dispute arose in a proceeding under the the Consolidation of Holdings Act as to whether the petitioners should be recognised as Bhumidhars or the respondents Nos. 6 and 7. The Consolidation Officer, respondent No. 3 herein, accepted the claim of the respondents Nos. 6 and 7 but the decision was reversed in appeal by the Settlement Officer. The matter was, thereafter, taken in revision before the Assistant Director of Consolidation, respondent No. 1 who agreed with the Consolidation Officer and restored his order. The petitioners challenged this judgment by a writ application under Art. 226 of the Constitution before the Allahabad High Court. By the impugned decision the writ application has been dismissed. Special leave is granted.

(3.) The question for decision has been inaccurately formulated in the Special Leave Petition as to whether the provisions of the Hindu Succession Act or any other personal law can override the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1951 (hereinafter referred to as 'the Act').