1957 (2) TMI 87

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....a, Advs. ORDER 1. This appeal, by special leave, arises from the Judgment dated December 14, 1977 passed by the Allahabad High Court in Second Appeal No. 500/65. 2. The admitted facts are that the last male-holder in the family, Bechan had two wives, Bhungi and Bhikni. Bhungi and given birth to three daughters, Gulabi, Sulabi and Bulaki, the appellant. Gulabi died on 7.2.1963. Smt. Sulabi and S....

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....ded that the permission for alienation was not properly obtained from competent officer and that, therefore, it was invalid. He has pointed out that the first two gift deeds were made on June 1, 1951 and June 2, 1951. On 1.1.1951 an application for permission to the Sub-Divisional Officer was made and the sanction thereof was granted on the next day, namely, June 2,1951. By operation of the provis....

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....nto the area and found, as a fact, that the lands were situated within the area of the officer who granted permission. Even though it is found to be not legally permissible, since the learned Judge has done it to do justice, we do not interfere with the finding in the appeal under Article 136. Therefore, the two gift deeds of June 1/2,1951 are valid. Under those two deeds, Laldhar has got the prop....

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.... co-widow, viz., Bhikni too died. 6. In consequence, if the co-widow leaving behind no heirs entitled to succeed under the provisions of the Act, the interest in such holding shall pass by survivorship. Since she had left behind one heir-daughter, namely, Guniya and equally Bhungi left behind her three daughters Gulabi, Sulabi and Bulaki, and Gulabi having pre- deceased the mother, Sulabi, Bulak....