G. C. Mathur, J. - (1.) THE relation ship between the parties appears from the following pedigree table: (Table on next page)
(2.) TULSI owned some 'Sir' and Khud-Kasht land and some tenancy land. Upon his death his three sons Nathu Ram. Tega Lal and Budha in herited these each getting a one third share therein. In 1949 Tega Lal. Budha and Smt. Sita were murdered. Tega Lal's one third share was inherited by his widow Smt. Bhagwati. Upon the death of Nathu Ram his one third share was inherited by his son Jamuna. The dispute relates to the one third share of Budha. The 'Sir' and 'Khud-Kast' land as well as the tenancy land, however, remained .joint. Upon the abolition of Zamindari the 'Sir' and 'Khud-Kast' be came Bhumidhari and the tenancy be came 'sirdari'. Jumuna filed two suits under Section 176 of the U. P. Zamin dari Abolition and Land Reforms Act for partition of the joint holdings. One suit was in respect of the Bhumidhari holdings and the other was in respect of the 'sirdari' holdings. Jamuna claimed a two third share in both the holdings. The suit was resisted by Smt. Bhagwati the widow of Tega Lal. She set up a case that Nathu Ram father of Jamuna had murdered Tega Lal, Budha and Smt. Sita and. therefore, he and his son Jamuna were disqualified from inheriting the share of Budha. She asserted that Jamuna's share was only one third which he had inherited from Nathu Ram. The two suits were con nected and tried together. All the courts below have proceeded on the basis that upon the murder of Budha in 1949 his one third share went to his sister Smt. Kamla. Smt. Kamla died in 1954. The trial Court held that it was not proved that Nathu Ram had murdered Budha and, therefore. Nathu Ram or Jamuna were not disqualified from inheritance. It further held that on the death of Smt. Kamla. Jamuna being the brother's son of the last male holder Budha. suc ceeded to her. Thus Jamuna was en titled to two third share. The trial Court accordingly decreed the suits for a two third share. Against the "Judg ments and decrees of the trial Court, Smt. Bhagwati preferred appeals. The Additional Commissioner upheld all the findings of the trial Court and dismis sed the appeals. @Table TULSI Nathu Ram 1 Umuna = Smt. I Tega Lal Bhagwati. Budha Smt. Sita Smt I. Kamla @Table
(3.) SMT . Bhagwati then preferred two second appeals before the Board of Revenue. The Board held that Nathu Ram had committed the murder of Budha. Tega Lal and Smt. Sita. It fur ther held that on the death of Smt. Kamla her share in the Bhumidhari plots as well as the Sirdari plots would have devolved upon Jamuna but for the fact that Jamuna was disqualified from succession under Hindu law as he had succeeded, Nathu Ram who was a mur derer. The Board of Revenue was of the view that the tenancy law was sub ject to the general provisions of the Hindu Law unless there was any specific provision to the contrary. It further held that the share of Smt. Kamla devolved upon Smt. Bhagwati and. there fore. Smt. Bhagwati was entitled to a two third share. The Board according ly allowed both the appeals and modified the judgments and decrees of the trial and appellate Court and decreed the suits only for a one third share. Against the -judgment of the Board of Revenue a writ petition was filed by Jamuna.;