Judgment

Rajendra Babu, J.-This appeal is directed against an order made by the High Court in a proceeding arising out of two suits filed under Section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as ‘the Act’)-one suit for claim­ing damages amounting to Rs. 25000/- and another under Section 176 of the Act claiming 1/3rd share in the land in dispute.

2. The properties in dispute were held to be bhumidhari lands and pertained to one Arjun Singh, who had no male issue. Arjun Singh executed a Will which was registered on June 17, 1952. As per the said Will, after his death the land devolved upon his wife, Raj Kumari, and she held the said land till her death on April 1, 1968. The plaintiffs in the suit claiming to be the sister’s sons of Arjun Singh claimed that they should get 1/3rd share in the suit lands. The trial Court, after recording the evidence and hearing the parties, dismissed the suit filed under Section 176 of the Act. Against that order an appeal was preferred before the Additional Commissioner, Lucknow Division, who held that the Will did not include bhumidhari rights and after the death of Raj Kumari, the widow of Arjun