SHAKUNTALA DEVI Vs. BENI MADHAV

JUDGEMENT

(1.) This is an application in revision against an order of the Additional District Judge of Meerut dismissing the Applicant's application under Section 85 of the U.P. Z. A. and L. R. Act.

(2.) The applicant Smt. Shakuntala Devi ia the widow of one Pundri Kaksh who died in 1947. Pundri Kaksh was possessed of Zamindari properties along with his brother Beni Madhav. The applicant was given compensation bonds of the amount of Rs. 10,000/- only in respect of the share of her husband in the aforesaid property but the balance of the compensation amount was withheld on the ground that she had a limited interest in the property. Subsequently she made an application to the Compensation Officer on 30-7-1956 claiming the balance of the amount of compensation on the ground that after the passing of the Hindu Succession Act (XXX of 1956} she had become full owner of the property left by her deceased husband and she was entitled to the balance of the compensation amount that had been withheld and had been deposited in the Imperial Bank of India in accordance with the provisions contained in Section 69 and Rule 85 framed under the U.P. Z. A. and L. R. Act.

(3.) Beni Madhav opposite party who was the real brother of the deceased Pundri Kaksh and was a co-sharer in the villages in question along with his deceased brother filed an objection contending that according to the terms of the will executed by late Pundri Kaksh the applicant had only the interest of a Hindu widow in the said properties and as such she was not entitled to get the remaining bonds and had not become the full owners thereof.