Inherited female bhumidhar interest governed by succession rules for inherited title, not self-acquired ownership.

Succession to a female bhumidhar's estate was held to depend on the source of her title: where she originally inherited the holding from her husband, later statutory changes in tenancy status did not make the property self-acquired. Section 172 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, read with section 171, therefore governed succession, not section 174, which applies only to independent female ownership. The prior view treating the matter differently because of the form of proceedings was rejected, and the brother's son was held to be the preferential heir over the daughter.

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Issues: Whether succession to the estate of a female bhumidhar who had originally inherited the holding from her husband was governed by section 172 or section 174 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Analysis: The decisive question was the origin of the female holder's title. A widow who entered into possession on her husband's death under the Oudh Rent Act, 1886 did so as the heir of the deceased tenant and acquired a limited inheritable interest. Subsequent changes in tenancy status by operation of law, including statutory tenancy, hereditary tenancy and bhumidhari rights, did not alter the source of title. Section 172 applies where the deceased bhumidhar had inherited an interest in the holding after vesting, and succession then follows section 171. Section 174 applies only where the female holder had an independent or self-acquired interest in the holding. The earlier High Court view distinguishing the matter on the basis of the form of proceedings was held to be erroneous, and the binding effect of prior precedent on the same legal issue was reaffirmed.

Conclusion: The holding devolved under section 172 read with section 171, not under section 174. The brother's son was the preferential heir, and the daughter was not entitled to succeed in preference to him.

Final Conclusion: The appeal succeeded, the contrary view of the Division Bench was set aside, and the decision restoring the appellant's claim to succession was upheld.

Ratio Decidendi: Where a female holder's title originates in inheritance from her husband, later statutory enlargement of her tenancy rights does not convert the holding into self-acquired property, and succession on her death is governed by the provision applicable to inherited interest rather than the provision applicable to independent female ownership.

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