1957 (2) TMI 87 - SC - Indian Laws

Summary

Issues: Validity of gift deeds under U.P. Zamindari Abolition and Land Reforms Act, 1950; Jurisdiction of Sub-Divisional Officer to grant permission for alienation; Succession rights of widows and heirs under the Act.

In the judgment delivered by the Supreme Court of India, the appeal arose from a case where the last male-holder, Bechan, had two wives, Bhungi and Bhikni, and had executed three gift deeds in favor of Laldhar. The appellant challenged the validity of these gift deeds. The High Court upheld the validity of the first two gift deeds made in 1951 but declared the third gift deed in 1957 invalid. The appellant contended that permission for alienation was not properly obtained and that subsequent permission could validate the alienation. The Court found no infirmity in the grant of sanction and held that the lands were situated within the Sub-Division where the permission was granted, thus upholding the validity of the first two gift deeds.

Regarding the property under the third gift deed, Bechan passed away in 1957, opening succession rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The widow, Bhikni, succeeded to the property after the demise of Bhungi. However, pending the appeal, Bhikni also passed away, leading to the succession of her daughter, Guniya, and Bechan's daughters, Sulabi and Bulaki. As per the Act, they were entitled to equal shares in the estate conveyed under the third gift deed, dated November 18, 1957. Therefore, Sulabi, Bulaki, and Guniya were each entitled to a 1/3rd share of the property.

The Court allowed the appeal, modifying the trial court's decree to grant Sulabi, Bulaki, and Guniya equal shares in the property conveyed under the third gift deed. No costs were awarded in this matter. The judgment clarified the validity of the gift deeds, the jurisdiction of the Sub-Divisional Officer, and the succession rights of widows and heirs under the U.P. Zamindari Abolition and Land Reforms Act, 1950.