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J U D G E M E N T MISRA, J.

L.....I.........T.......T.......T.......T.......T.......T..J Leave granted.

The short question which arises for our consideration is, whether on the facts and circumstances of the case inheritance, when female Hindu Bhumidhar dies, the situation would be governed by Section 172(2)(a)(ii) or Section 172(2)(a)(i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the U.P.Z.A. Act). The appellants case is, even if Section 172(2) applies, as held both by the Appellate Court and the High Court, Section 172(2)(a)(ii) would apply, as Smt. Kaushalya Devi (deceased wife of the Appellant) inherited the self acquired property from her father, before the date of vesting under the aforesaid Act. Submission is, Smt. Kaushalya Devi, as aforesaid inherited the said property from her father and became absolute owner and not limited owner for life. Thus, on her death Section 172(a)(ii) would apply, hence devolution would be governed by Section 174, under which the property would devolve on the appellant who is the husband of the deceased.

Section 172: Succession in the case of a woman holding an interest inherited as a widow, mother, daughter, etc.
(a)
(i) she was in accordance with the personal law applicable to her entitled to a life estate only in the holding, the holding shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male intermediary or tenant aforesaid; and if
(ii) she was in accordance with the personal law applicable to her entitled to the holding absolutely the holding shall devolve in accordance with the table mentioned in Section 174.

[Emphasis supplied] Smt. Kaushalya Devi being the daughter of Musai, after his death inherited his property and after coming into force, U.P.Z.A. Act, became Bhumidhar. When she died the devolution would be governed by sub- Section (a) of Section 172(2). This sub-Section (a) is further split into two clauses, clause (i), under which, if under the personal law she had only life estate then her property would devolve upon the nearest surviving heir in accordance with the provisions of Section 171. On the other hand if it falls under clause (ii) then if under the personal law she held property absolutely, the devolution would be governed by the Table mentioned in Section 174.

Learned counsel for the appellant submits that Smt. Kaushalya Devi inherited the exclusive estate of her father as absolute owner, hence the devolution would be governed by clause (ii) of the aforesaid section. It is also not in dispute that in case the devolution is governed by (ii) the appellant would succeed but if it is governed by (i) it would go to the contesting respondents. Learned counsel for the appellant also placed strong reliance in Ramji Dixit (dead) by his L.Rs. and Anr. Vs. Bhirgunath and Ors., AIR 1968 SC 1058. In this case widow gave a gift of her bhumidhar share to the respondent, which was challenged by the revisioners of her deceased husband Raj Kishore, on the ground that she had only life estate in it, hence had no right to gift and thus such transfer was illegal. This submission was rejected by this Court and it was held that there is nothing in the Act which restricts female Bhumidhari right to be for life only. In this Ramji Dixit (supra), one Raj Kishore possessed the land as sir khudkasht and on his death in 1923 it devolved upon his widow Sanwari. On coming into force of the U.P.Z.A. Act, she acquired the status of a Bhumidhar. Thereafter, on December 18, 1952 she made the disputed gift in favour of respondents. Finally she died in 1954. The revisioners of Raj Kishore challenged this gift by filing a suit on the ground that Hindu Widow even in the bhumidhari land had limited right hence she was incompetent to create an interest to the transferee by gift, which was to inure beyond her life time. In other words, a female bhumidhar, holding land under the U.P.Z.A. Act had no absolute right in such land. This submission was rejected by this Court. It was held that there was nothing in the Act which either put any embargo on a female bhumidhar to transfer her holding nor any residuary interest remained in such land in any other person. The right of a female Bhumidhar was held to be absolute. With reference to Section 152, which is a right of a bhumidhar to transfer, the court held that there was no limitation under it. Thus transfer by a female Bhumidhar by way of gift of her bhumidhari right was held valid. The court held: