TMI Blog1957 (2) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... Sharma, 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 app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Juneja, learned Counsel appearing for the appellant has contended 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence the learned Judge had secured the official map and looked into 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, the interest in such holding shall pass by survivorship. 5. Pending this appeal the 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 Bhun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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