KALAWATI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) This writ petition is directed against the order of the Board of Revenue dated 14-5-1975 dismissing the appeal filed by the Defendant Petitioner as not maintainable.

(2.) The facts of the case, in brief, are that Bachchey Lal was the last tenure-holder of the land in dispute. He died after the enforcement of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act). On his death the dispute arose about his holdings between his widow and widowed mother. In mutation proceedings, it appears that on the basis of compromise the names of both the parties were ordered to be mutated in place of Bachchey Lal deceased. Smt. Ram Kunwari, Respondent No. 3, filed a suit under Section 229-B of the Act against Smt. Kalawati, the Petitioner, for a declaration that she is the sole-tenure-holder on the ground that Smt. Kalawati remarried with Amar Singh after the death of her husband Khuman. The suit was contested by the Petitioner on the ground that she has not remarried and she asserted that the Respondent No. 3 had remarried after the death of her husband Bachchey Lal. Therefore, the Petitioner is the sole heir of Bachchey Lal.

(3.) The trial court dismissed the suit of the Respondent No. 3 on the finding that she had remarried and that the Petitioner has not remarried. The Respondent No. 3 preferred an appeal against the decree of the trial court, which was dismissed and the decree of the trial court was affirmed on the finding that neither the Petitioner nor the Respondent No. 3 had remarried and that both are heirs of Bachchey Lal according to the law in force at that time. The Defendant petitioned filed a second appeal which was dismissed by the Board of Revenue as not maintainable. The Defendant-Petitioner has challenged the order of the Board of Revenue before this Court in writ petition.