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"When a bhumidhar, sirdar or asami who has, after the date of vesting, inherited an interest in any holding the holding of the part shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male bhumidhar, sirdar or asami"

The holding has not been described to be hers and has been treated to be the holding of the last male-holder in which the female bhumidhar has only inherited an interest. Why this difference in the language of the two provisions if the nature of interest and the rights of a female bhumidhar are the same as those of a male bhumidhar or female bhumidhar whose succession is governed according to the provisions of Section 174 of the Act and to which class of female bhumidhars I have not. for the purpose of this case, used the expression "female bhumidhars"? It would also be noticed that there is nothing in Section 172 of the Act similar to the expression "his interest in his holding shall devolve" which occurs in Section 171 of the Act. This would also suggest that a female bhumidhar has only a life interest in the holding.

(a) and (b) of Section 172(2) of the Act require notice. Clause (a) deals with the female bhumidhar who was before the date of vesting a fixed rate tenant or an ex-proprietary or occupancy tenant or a tenant on special terms in Oudh and who was in accordance with the personal law applicable to her entitled to a life estate only, and provides that on her death the holding shall devolve upon the "nearest surviving heir of the last male intermediary or tenant aforesaid"

Clause (b) provides that where a female bhumidhar or sirdar abandons, or surrenders the holding the same would devolve "upon the newest surviving heir of the last male tenant." Reading the two provisions together it is clear that the female bhumidhars are equated with those who have a life interest only by virtue of their personal law.

This section definitely provides that even in the case where a female sirdar or adhivasi acquires bhumidhari rights in the holding inherited by her notwithstanding the circumstances that it was her act which converted the holding into bhumidhari, succession to it would still devolve under Section 172 of the Act on the heirs of the last male-holder and the legal position would be that the 'bhumidhari holding so acquired would be deemed to be "the holding of the last male-holder" and not of the female who acquired bhumidhari rights in it. This provision clearly indicates that a female bhumidhar has only a life interest. It would be relevant to refer to the provisions of Section 174 of the Act, where in respect of the female holder to whom that provision is applicable the words used are: "her interest in the holding shall devolve", a language similar to that of Section 171 of the Act and totally dissimilar to that of Section 172 of the Act. The females mentioned in Section 174 are full owners and not mere life interest-holders. It is clear from the section that it is her interest which devolves on the successor who is her next heir and not that of a male-holder which is the case under Section 172 of the Act.

26. While Sub-section (1) of Section 169 declares that a bhumidhar may by will bequeath his holding, Sub-section (2) provides that no bhumidhar entitled to any holding in the right of a female relation of the last bolder thereof may make a bequest of it. Section 171 lays down the order of succession to the interest of a male bhumidhar. Sub-section (1) of Section 172 provides that where a bhumidhar, who has after the abolition of Zamindari inherited an interest in the holding as a female relation of the last male bhumidhar, marries, dies, abandons or surrenders such holding, it shall devolve on the nearest surviving heir of the fast male bhumidhar, such heir being determined in accordance with Section 171. Sub-section (2) prescribes three different methods of devolution; one, where a female, who has before the abolition of Zamindari inherited the Sir and Khudkasht or fixed-rate tenancy, or exproprietary tenancy or occupancy tenancy in Avadh or tenancy on special terms in Avadh, dies, the holding shall, if she was in accordance with the personal law applicable to her entitled to a life-estate only in it, devolve on the nearest surviving heir of the last male intermediary or tenant in accordance with Section 171; two, if she was entitled to the holding absolutely, the holding shall devolve in, accordance with Section 174; three, if the last male holder from whom she has inherited was a tenant other than the tenants mentioned in Clause (a), the holding shall devolve on the nearest surviving heir of the last male tenant, such heir being determined in accordance with Section 171. This sub-section further provides that where a female bhumidhar in the third category, being a widow, mother or grandmother of the last male tenant, remarries, abandons or surrenders, the holding shall devolve on the nearest surviving heir of the last male tenant in accordance with Section 171.