Satish Chandra, J. - (1.) DURING consolidation proceedings the Petitioner claimed a 1/4th share as against Respondent Nos. 4, 5 and 6 who were her sons. The holding in dispute belonged to the Petitioner's husband, Mithoo Singh, who died in 1954.
(2.) THE Duputy Director has rejected the claim of the Petitioner on the ground that after coming into operation of the ZA and LR Act, no person can become a co -tenureholder by estoppel or acquiescence. Under the law of succession, sons were preferable heirs to a widow. The Petitioner being a widow of Mithoo Singh hence acquired no interest in the two khatas in dispute. This view of the Deputy Director does not appear to be sound in its entirety. The position under the Tenancy Act was well settled. A person could become a co -tenant by estoppel or acquiescence. The reason was that transfer of a tenancy holding was prohibited. Letting was permitted with the consent of the landlord Under Section 33 of the UP Tenancy Act, 1939. Interpreting those provisions, decided cases held that it was not exhaustive and a person could become a co -tenant by acquiescence or estoppel. Under the ZA and LR Act, transfer of a sirdari holding was prohibited, vide Section 153. The interest of a sirdar on his executing a transfer becomes extinguished Under Section 190(cc). Thus there was an absolute prohibition against transfers. There was no exception like Section 33 of the Tenancy Act. Hence a sirdar could not transfer or permit another to be a co -sharer in the sirdari holding directly. He could not do it indirectly by acquiescence or estoppel.
(3.) BUT , in relation to bhumidhari holding the position is different. Under Section 154 a bhumidhari holding is transferable, subject to the restrictions mentioned in subsequent sections. The interest of a bhumidhar being transferable, there was no need for any exception like Section 33 of the Tenancy Act. Creation of a co -tenancy by estoppel or acquiescence was one of the modes in which the law recognised a transfer of a share in the holdings. Thus a person could be engrafted as a co -tenureholder in a bhumidhari holding by either an express transfer or by implication, i.e. by acquiescence, estoppel etc.;