SMT. MAINIA versus DEPUTY DIRECTOR OF CONSOLIDATION & OTHERS

SMT. MAINIA versus DEPUTY DIRECTOR OF CONSOLIDATION & OTHERS

Upon remarriage of a widow who inherited tenancy under section 35 of the United Provinces Tenancy Act, 1939, her interest in the holding is no longer as a widow of the deceased tenant but in her own right; continuous possession by her without any suit for ejectment brought within the limitation period converts her status into that of a hereditary tenant under section 180(2); succession to such interest, after her death, does not revert to the heirs of the first husband under section 172 read with section 171 of the Zamindari Abolition Act, but devolves upon her own son under section 174.

Parties
Appellant: Smt. Mainia; Respondents: Deputy Director of Consolidation & Others
Jurisdiction
India
Judgment Date
04 August 1989
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From a High Court Judgment in Writ Petition
Outcome
Appeal dismissed
Legal Topics
Succession to Tenancy Rights, Effect of Widow's Remarriage on Tenancy Succession, Operation of Limitation in Hereditary Tenancy
Land Law Tenancy Law Succession Law Succession to Tenancy Rights Effect of Widow's Remarriage on Tenancy Succession Operation of Limitation in Hereditary Tenancy

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Parties

Smt. Mainia

Appellant

Deputy Director of Consolidation & Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From a High Court Judgment in Writ Petition

Legal Issues

  1. 1 What is the effect of a widow's remarriage on her tenancy interest under the United Provinces Tenancy Act, 1939?
  2. 2 Whether, after her remarriage, the widow's continued possession is as a widow of the earlier husband or in her own right?
  3. 3 How does succession devolve upon the death of the widow who inherited the tenancy as a widow and subsequently remarried, under relevant statutes?

Ratio Decidendi

Upon remarriage of a widow who inherited tenancy under section 35 of the United Provinces Tenancy Act, 1939, her interest in the holding is no longer as a widow of the deceased tenant but in her own right; continuous possession by her without any suit for ejectment brought within the limitation period converts her status into that of a hereditary tenant under section 180(2); succession to such interest, after her death, does not revert to the heirs of the first husband under section 172 read with section 171 of the Zamindari Abolition Act, but devolves upon her own son under section 174.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs