( 1 ) HEARD counsel for the parties.

( 2 ) CHALLENGE in this petition is the judgment of the Board of Revenue dated 4. 7. 1997 (Annexure no. 5 to the writ petition) by which after setting aside the orders of three courts below mutation of the name of the opposite been allowed.

( 3 ) THERE appears to be no dispute about the fact that Dulla happens to be recorded tenant of the land. On his death name of Babu Lal was recorded by the Supervisor Kanoongo on the basis of p. A. 11. An application for mutation under Section 34 of the Land Revenue Act was filed by mst. Kalli claiming herself to be widow of the deceased. Another objection was filed by Babu lal through Ram Rati, her mother, claiming himself to be the son of the deceased Dulla as Ram rati was married to Dulla. After the evidence was led the Tehsildar recorded a finding that Ram rati was not married to Dulla but was living with him and thus she can be said at the most to be concubine and, therefore, in view of the admitted position about Mst. Kalli being widow of the deceased her name was mutated. The order of Tehsildar was challenged by the opposite party in the appellate court but the appeal was dismissed by t