Satish Chandra, J. - (1.) (for self and for Yashoda Nandan, J.) :-Ram Pratap had three sons-Bhagwati, Bhagwan & Maha-deo. Hansnath son of Bhagwati is respondent no. 2 in the present appeal. The two appellants are daughters of Bhagwan.
(2.) THE principal question in controversy was whether on the death of Ram Pratap his interest devolved on Bhagwan or Bhagwati. THE Deputy Director of Consolidation has found that both Bhagwan and Mahadeo died during the life time of Ram Pratap. In other words, at the time of death of Ram Pratap in 1947 only one of his three sons, namely Bhagwati was alive. THE Deputy Director Consolidation consequently held that the interest of Ram Pratap in the holdings devolved on Bhagwati and the appellants had no share or interest in it. He also found that Ram Rati widow of Bhagwan was in possession as guardian of the minor Hansnath. Soon after the death of Ram Pratap, Bhagwati also appears to have died. In view of these findings, the Deputy Director of Consolidation allowed the objection of respondent no. 2 and expunged the names of the appellants from the holding in dispute. Aggrieved, the appellants came to this Court. A learned Single Judge held that the findings under challenge are on the questions of facts and they do not show any manifest error of law. He dismissed the writ petition, leading to the present appeal. On the findings of fact, it is apparent that Bhagwan died on August 30, 1946. Ram Pratap died either in January or July, 1947 while Bhagwati died in October, 1947.
(3.) MR. V. K. S. Chaudhari, learned counsel for the appellants, raised a fresh point in this appeal. Since it was a pure question of law and did not require investigation, we adjourned the hearing of the ease to enable MR. Bhargava, learned counsel for the respondents, to study the point and reply to it. According to Mr. Chaudhari, on the death of Bhagwan in 1946, his interest in this joint family holding devolved on his widow Smt. Ram Pati under the Hindu Women's Rights to Property Act, 1937. The holding in dispute was sir of the zamindars. It was governed by personal law and so the Hindu Women's Rights to Prorerty Act, 1937 became applicable to it. Smt. Ram Pati died in 1958. She held the holding at that time as a Bhumidhar. Under Section 172 (2) (a), U. P. Zamindari Abolition Act, her interest would devolve on her daughters.;