LAWS(ALL)-2008-2-19

MAHENDRA SINGH Vs. BOARD OF REVENUE ALLAHABAD AND

Decided On February 05, 2008
MAHENDRA SINGH Appellant
V/S
BOARD OF REVENUE ALLAHABAD AND Respondents

JUDGEMENT

(1.) S. K. Singh, J. Heard Sri H. O. K. Srivastava, learned Advocate who appeared in support of this petition and Sri Agnihotri, learned Advocate who appeared for the respondents.

(2.) AS the pleadings are complete, writ petition is of the year 1996, as requested by both sides after hearing the arguments this Court is to decide the writ petition finally.

(3.) A suit was filed by the petitioner under section 176 of the U. P. Z. A. and L. R. Act claiming half share through registered Will executed by Narain dated 4. 1. 1968. Suit was initially decreed. It is at this stage the respondent side filed a suit under section 229-B claiming their own rights on the basis of another Will which is said to have been executed by the same person i. e. Narain. After evidence was led the Trial Court dismissed the suit filed by the respondent side. Two appeals came to be filed by the respondent side which was dismissed by the First Appellate Court upon which two second appeals came to be filed and they were allowed, thus this writ petition.