D.S. Mathur, J. - (1.) THIS is a petition Under Article 226 of the Constitution by Smt. Maya Devi to challenge the orders of the Consolidation authorities whereby' her objection Under Section 9 of the UP Consolidation of Holdings Act was dismissed.
(2.) THE facts of the case are not in controversy. The plots, in dispute were the Sir of Rajjan Lal and his brothers and the descendants of Rajjan Lal's brothers are Respondents 9 to 13. Rajjan Lal died in 1947 leaving behind him three daughters, viz. Smt. Maya Devi, Smt. Sukh Devi and Smt. Bibbo Devi. Bibbo Devi died in 1957 and his son is Balmukund, Respondent No. 5. Sukh Devi died in 1960 leaving behind her three sons Prakash Chand, Suresh Chand and Ramesh Chand, Respondents 6 to 8. On the date of vesting the three daughters of Rajjan Lal and the descendants of the three brothers were recorded as co -Bhumidhars. On the death of Bibbo Devi and Sukh Devi the names of their sons were mutated. It was after the start of the consolidation operations that Maya Devi, the Petitioner and also Respondents 9 to 13 filed objections Under Section 9 of the UP Consolidation of Holdings Act for expunging the names of Respondents 5 to 8 and to treat Smt. Maya Devi as having inherited the share of Smt. Bibbo Devi and Smt. Sukh Devi also. The objection was dismissed by the Consolidation Officer, the Settlement Officer (Consolidation) and the Assistant Director of Consolidation. The Joint Director of Consolidation, in the revision, expressed the opinion that the holding recorded in the name of Smt. Bibbo Devi and Smt. Sukh Devi devolved on Smt. Maya Devi, but he felt handicapped in modifying the orders of the subordinate authorities for the reason that he had limited jurisdiction like that envisaged by Section 115, Code of Civil Procedure. The point for consideration is a simple one, whether on the death of Smt. Bibbo Devi and Smt. Sukh Devi their interest in the holding was inherited by their sons or their share devolved oh their surviving sister, Smt. Maya Devi.
(3.) SUCCESSION in the case of a woman holding an interest inherited as daughter is governed by Section 172 of the UP ZA and LR Act. The holding was inherited by Smt. Bibbo Devi and Smt. Sukh Devi before the date of vesting and hence Sub -section (2) of Section 172 shall be applicable. If the case is governed by Clause (i) of Section 172(2)(a) the holding shall devolve upon the nearest surviving heir of the last male intermediary, such heir being ascertained in accordance with the provisions of Section 171. But if Clause (ii) thereof is applicable the succession shall be governed by Section 174.;