MAHADEV PRASAD INTER COLLEGE Vs. BASANTI DEVI

JUDGEMENT

(1.) THIS is a writ petition arising out of proceedings under section 34 of the U.P. Land Revenue Act, 1901 for mutation of the holding of one late Smt. Lakhpati Devi wife of late Mahadev Prasad.

(2.) THE petitioner-institution claims to have succeeded to the holding on the basis of an alleged endowment/will said to have been executed by late Smt. Lakhpati Devi on 12.3.1996. Apart from this claim, an assertion has been made in paragraph 3 that when the bye-laws of the institution were being framed in the lifetime of late Smt. Lakhpati Devi herself, the property had been set apart for the institution. It is on the said basis that the petitioner-institution claims mutation over the holding of late Smt. Lakhpati Devi who died or 13.3.1996.

(3.) IN this race of mutation the respondent No. 1 appears to have succeeded in getting an order of mutation from the Tehsildar on 12.3.1999.