SUSHILA DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) (for self and for Yashoda Nandan, J.) :-Ram Pratap had three sons-Bhagwati, Bhagwan & Maha-deo. Hansnath son of Bhagwati is respondent no. 2 in the present appeal. The two appellants are daughters of Bhagwan.

(2.) THE principal question in controversy was whether on the death of Ram Pratap his interest devolved on Bhagwan or Bhagwati. THE Deputy Director of Consolidation has found that both Bhagwan and Mahadeo died during the life time of Ram Pratap. In other words, at the time of death of Ram Pratap in 1947 only one of his three sons, namely Bhagwati was alive. THE Deputy Director Consolidation consequently held that the interest of Ram Pratap in the holdings devolved on Bhagwati and the appellants had no share or interest in it. He also found that Ram Rati widow of Bhagwan was in possession as guardian of the minor Hansnath. Soon after the death of Ram Pratap, Bhagwati also appears to have died.

(3.) MR. V. K. S. Chaudhari, learned counsel for the appellants, raised a fresh point in this appeal. Since it was a pure question of law and did not require investigation, we adjourned the hearing of the ease to enable MR. Bhargava, learned counsel for the respondents, to study the point and reply to it.