- (1.) Heard Sri Umesh Chandra, learned Senior Counsel, assisted by Sarvasri Vivek Singh and V.C. Misra, learned Counsel for the petitioners and Sri Mohd. Arif Khan, learned Senior Counsel, assisted by Sri Adil Khan, learned Counsel for the respondent Nos. 4, 5 and 7. Learned Standing Counsel represents respondent No. 9.
(2.) Through this writ petition, a mother and daughter duo has challenged a judgment and order rendered by the Board of Revenue, U.P., at Allahabad on 15.12.2006, setting aside an order dated 11.3.2003, passed by the Additional Commissioner, Lucknow Division, Lucknow, effecting partition of the shares of the petitioners in the agricultural land in Suit. The Board of Revenue has declared respondent No. 4, Shafiqur Rahman Khan, being the only son of the original tenureholder, Fazlur Rahman, as a sole Bhumidhar of the land in preference over his step mother Smt. Mohd. Jahan Begum, who had remarried with another person to lead a happy married life with her husband to leave his family, after the death of her first husband, Fazlur Rahman Khan (father of respondent No. 4-Shafiqur Rahman). The Board of Revenue, applying the provisions of Section 35 of U.P. Tenancy Act and other relevant laws on the subject, which were applicable at the time of death of original tenureholder, Fazalur Rahman Khan, entitling the male son to be the sole titleholder of the land left behind by his father, Fazlur Rahman Khan, the original tenureholder, who died on 28.8.1950.
(3.) Smt. Mohd. Jahan Begum and her daughter were held to be disentitled to their share in the agricultural land left behind by Fazlur Rahman Khan, the original tenureholder, after his death, due to remarriage of Smt. Mohd. Jahan Begum. Smt. Mohd. Jahan Begum, petitioner No. 1, wife of Fazlur Rahman Khan, after his death, had married one Ahad Mirza and as such she ceased to have any right altogether in respect of the agricultural land left by her former husband.;