SMT. MAINIA vs DEPUTY DIRECTOR OF CONSOLIDATION & OTHERS

The Supreme Court held that under Section 35 of the United Provinces Tenancy Act, 1939, Smt. Sukhia inherited her husband's occupancy tenant rights, which were not lost upon her remarriage to Gopal Singh. The Court ruled that her interest in the holding became independent after remarriage, as per Section 180(2) of the Tenancy Act, and thus devolved to her son Chander Pal rather than her deceased husband's sister. The High Court's decision was upheld, affirming that no further proof of legality of the remarriage was necessary given the circumstances.