SMT. MATABI Vs. SMT. SHEOPATI AND OTHERS

JUDGEMENT

(1.) One Smt. Angni was the sirdar of some plots. Smt. Partabi, the second Respondent and Smt. Matabi the Petitioner are her daughters. Smt. Sheopatti is the daughter of Smt. Partabi.

(2.) On August 2, 1963 Smt. Angni made an application for acquisition of Bhumidhari rights. The same day she deposited the requisite amount for acquisition of the said rights. On August 6, 1963 she executed a gift -deed of the aforesaid plots to Smt. Sheopatti. On October 31, 1963 the Tahsildar passed an order for issue of a certificate of bhumidhari in favour of Smt. Angni. On June 7, 1964 she passed away. On May 6, 1965 a certificate was issued in her name granting bhurnidhari rights.

(3.) Before the consolidation authorities there was a dispute about succession to her interest in the holding. Smt. Matabi claimed a half share in the holding by virtue of her being a daughter; on the other hand, Smt. Sheopatti claimed the entire holding by virtue of the gift deed. Smt. Matabi asserted that the certificate granting bhumidhari rights having bean issued on May 6, 1965 after the death of Smt. Angni on June 7, 1964. Smt. Angni was not a bhumidhar on August 6, 1963 when she executed the gift deed and that accordingly Smt. Sheopatti was not entitled to any share in the holding. In revision, the Deputy Director, Consolidation negatived her claim and held that Smt. Sheopatti was entitled to the entire holding by virtue of the gift deed. His decision is impugned in these writ petitions.