(1.) This is a plaintiff's appeal. The plaintiff's suit for possession of seventeen tenancy plots, measuring 18 bighas and 5 biswas in Ashrafpur, district Faizabad, was dismissed by the lower appellate Court. These plots belonged to one Binda, who was the statutory tenant of these plots. He died in 1939. He had a son Abhilakh, who had predeceased him, leaving a widow, Srimati Rajwanta. This widow became the heir to the property under the Hindu Women's Rights to Property Act, XVIII of 1937, read with U. P. Hindu Women's Rights to Property (Extension to Agricultural Land) Act, XI of 1942. The fact that Rajwanta became the heir to Binda under the Acts mentioned above is not denied. On 8th November 1943, Rajwanta executed a deed of surrender in favour of Ram Bachan, her daughter's son. The suit was filed by Bhagwan Din and Ram Din, cousins of Binda, on the ground that they were the heirs of Binda and were entitled to possession of the property. The suit was filed on 15th November 1944. Rajwanta died on 14th December 1944, and after Rajwanta's death Ram Bachan wag impleaded.
(2.) The only question for decision in the case is whether the plaintiffs are entitled to claim the property and the decision of that question will depend on the interpretation of Sections 36 and 37, U. P. Tenancy Act, XVII of 1939. If Section 37 is applicable, the plaintiffs have clearly no case. If, on the other hand, Section 36 is applicable, then as the next reversioners of Binda they became entitled to claim the property.
(3.) Section 35, U. P. Tenancy Act gives the list of persons who are entitled to inherit to a male tenant. Section 37 gives a list of persons who are entitled to succeed to a female tenant. Section 36, on the other hand, provides that when a widow or other female tenant mentioned in that section, who has inherited the tenancy as such heir dies, the tenancy will devolve on the heir of the last male tenant in accordance with the provisions of Section 35. Section 37 can only apply if Section 36 is not applicable. The question, therefore, is whether Section 36 is not applicable to this tenancy.