Malick, C.J. - (1.) THIS is an appeal under Section 12(2) of the Oudh Courts Act read with the Amalgamation Order, 1948.
(2.) ONE Ram Padarath died in 1328 Fasli, leaving certain tenancy plots. These plots came into the possession of his widow, Shrimati Maharaj Dei. In 1351 Fasli she obtained from the landlord a lease for a period of ten years renewable after the expiry of that period with liability to have the rent enhanced Maharaj Dei died in 1945. The dispute arose after her death whether the plots came by inheritance to her daughter's sons, who are the Plaintiff Respondents, or to Ram Padarath's brother and daughter's sons. The answer to the question would depend upon whether Section 36 or Section 37 of the U.P. Tenancy Act of 1939 governed the inheritance. The, plots given on lease to Shrimati Maharaj Dei consist of partly the plots which she had inherited from Ram Padarath and partly some other plots which it was said she got in lieu of the plots which she had to give up to the landlord.
(3.) THE learned single judge was of the opinion that, even it the lease was in respect of the same land which was in Ram Padarath's possession at the time of his death, the case will still be governed by the provisions of Section 37. In the U.P. Tenancy Act elaborate provisions are made about succession to a male tenant and succession to a female tenant Sections relating to succession to a female tenant are Section 36 and 37. The relevant portion of Section 36 is as follows: When a female tenant............who either before or after the commencement of this Act has inherited an interest in a holding as a widow....._ ...dies......... such holding shall, notwithstanding anything in Section 45, devolve in accordance with the order of succession laid down in Section 35 on the heir of the last male tenant, other than a tenant who has inherited as a father's father under the provisions of that section.;