ORDER

Leave granted.

2. This special leave petition arises from the order of the High Court of Allahabad, Lucknow Bench made on September 21, 1988 in Writ Petition No. 1731 of 1984.

3. Though the respondents had been served earlier and Sri Mukul Mudgal who had taken notice has reported on September 1, 1995 that he could not appear and stated that he be permitted to withdraw from the undertaking. He has also not filed his Vakalatnama. In these circumstances, since respondents are not represented, learned counsel for the appellant was directed to produce necessary material on the basis of which respondent Banke Singh became owner of the land. The learned counsel has now produced the records.

4. The only question in this case is : whether the respondents would get benefit of 1/4th share in the surplus land declared by the competent authority ? On September 8, 1982, Krishan Pal Singh filed objection, who claimed land of Khata Nos. 340, 341 and Khata No. 33 of village Newada and Khata No. 77 of Village Jamla Jot on the basis of a will executed by Smt. Gajraji. On that basis, the said land is required to be excluded from the surplus land. The primary authority had rejected the claim by pr