MISTER AALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Narayan Singh, learned Senior Counsel for the appellants.

(2.) This Letters Patent Appeal arises out of a dispute of mutation of a certain land which belonged to one Bhikhari Miyan. It is stated that the appellants had inherited the said property under a registered Will and therefore they were the sole successors of the said land left behind by Bhikhari Miyan. The Will was executed in the year 2007. Bhikhari Miyan died in 2009. Mutation was carried out in favour of the appellants. Later on, in the year 2016 one Mohammad Azij who is said to have purchased the said land from the first wife of Bhikhari Miyan, namely, Mostt. Tajmul Begum, staked his claim along with them in respect of the land which had been purchased by him as above.

(3.) It is not disputed that Mostt. Tajmul Begum (Respondent no.7) was the first wife of Bhikhari Miyan and Tajrum Nisha (Respondent no.8) is a daugher born from the said wedlock. They are therefore the heirs of Late Bhikhari Miyan. The mutation proceedings were questioned on the ground that mutation had been carried out without putting the heirs to notice.