SONEY LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned single Judge dismissing the writ petition filed by the appellant against the judgment and order of the Deputy Director of Consolida tion passed under Section 48 of the U. P. Consolidation of Holdings Act.

(2.) TWO points have been decided by the Deputy Director of Consolidation and the same Were canvassed before the learned single Judge. The first point was in respect of the shares and the second was regarding the rights accruing in the joint Sir on the sale of the proprietary rights. The holding belonged to one Nand Lal. He had two wives. From the first wife were born four sons. The ap pellant is from the branch of one those four sons. He is the son of Vrindraban. The res pondents are from the branches of the other five brothers born of the second wife of Nand Lal. In the Khewat, after the death of Nand Lal, the share of the four brothers from one wife was recorded as half and of the remain ing five from the other wife as half. There was Sir Khata also of Nand Lal which was inherited by his nine sons.

(3.) THE Deputy Director of Consolida tion has held that the-parties had failed to prove any custom according to which Sir could be inherited "wife-wise" and that the inheritance was governed by the personal law which was in the present case the Hindu Law. According to Hindu Law, Sir rights will devolve equally on all the sons of Nand Lal irrespective of the fact that some of them were born from one wife and others from the other. The Deputy Director, therefore, held that Sir rights should be deemed to have devolved after Nand Lai's death equally on all the nine brothers. He had proceeded on that basis. The learned single Judge also held that the view of the Deputy Director in this respect was correct. We also find no error in the judgment of the Deputy Direc tor so far as this point is concerned.