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38. The next case is that of Mt. Mindya v. Jhurya, 18 All LJ 769 = (AIR 1820 All 217 (2)), governed by the same Act. In that case the tenancy belonged to all the male members of 2 joint Hindu family. Upon the death of one 6t the members of the joint Hindu family the question arose whether his interest was to devolve on his brother, who was joint with him, or on his widow, who could inherit if Section 22 of Act II of 1901 was applicable. Under the provisions of Act II of 1901 there was no bar to the interest in old occupancy tenancy (where it was of the nature of a joint tenancy) devolving by right of survivorship. The deceased tenant having remained joint with other members of the joint Hindu family, his interest in the joint property could devolve by right of survivorship on the co-owner of the joint property. Hence it could not be inherited by his widow under Section 22 of N. W. P. Tenancy Act, II of 1901. It must be in this context that the following observations were made by Tudball, J., that where--