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1985 DIGILAW 75 (ALL)

Banwari Singh v. Dayawati

1985-01-18

P.C.SAEXNA, R.P.GUPTA

body1985
JUDGMENT R.P. Gupta, Member. - The question that has been referred to this Bench is:- "Where a woman, who has inherited as a widow or daughter, sister, etc. is still alive but is alleged to have lost her rights by remarriage, can the mutation court initiate mutation proceedings and proceed to deal with the case under Sections 34, 45 of the U.P. Land Revenue Act." 2. We have also been asked to answer the question whether there would be any difference in the position if the widow in question denies or admits the remarriage. 3. Before dealing with the question in issue, it may be remarked that though a reference has been made in respect of 'remarriage' by a widow, daughter, sister etc., the Bench presumes that 'remarriage' by a widow is intended and 'marriage' by a daughter, sister etc. 4. The heading of Section 172 of the U.P. Zamindari Abolition and Land Reforms Act read. "Succession in the case of a woman holding an interest inherited as a widow, mother, daughter etc." The wording of the section itself shows that the intention of the legislature is that succession would open on the death, marriage, abandonment or surrender of a holding by the categories of tenants named in the section. 5. The necessary implication is, therefore that the word 'succession' would apply to cases of death, marriage or remarriage, abandonment or surrender of holdings. 6. Such being the case, the question, referred to us for opinion, is answered in the affirmative. Mutation proceedings would open in the case of marriage or remarriage, as the case may be. 7. There would be no difference in the position in respect of maintainability of mutation proceedings whether the widow in question denies or admits remarriage.