JUDGMENT:

ANIL R. DAVE, J.

1. Being aggrieved by an order dated 5th November, 2003 passed in Writ Petition No. 7435 of 1979 by the High Court of Judicature at Allahabad, this Special Leave Petition has been filed by the heirs of the Original Plaintiff, who had filed a suit for a declaration under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act to the effect that he was an exclusive owner of land bearing Survey No. 22, situated at Village Raipur, Pargana Karvi, District Banda.

2. For the sake of convenience, parties to the litigation have been described as arrayed in the trial court.

3. The case of the plaintiff in the suit before the Assistant Collector, Ist Class, Karvi, District Banda, was that his grand father Kali had three sons, namely, Bal Govind, Ram Kumar and Ram Jiawan and the plaintiff was the son of Ram Kumar.

4. The tenancy right in respect of the land in question was in the name of Bal Govind as he was the eldest son of Kali. Upon death of Bal Govind, who had no male issue, his right had been inherited by his widow, Malhi. Ram Kumar, father of the plaintiff and Ram Jiawan had also expired. The case of the plaintiff was that Bal Govind was not having any m