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1997 Supreme(All) 800

D.K.SETH
IMRAT JAHAN – Appellant
Versus
VIIITH ADDL. DISTRICT JUDGE, BAREILLY – Respondent


Advocates Appeared:
B.D.Mandhyan, Rameshwar Prasad Agarwal

D. K. SETH, J.


( 1 ) THE deceased plaintiff had instituted a suit being suit No. 716 of 1989 against Smt- Arais begum defendant No. 1 and Sagir Ahmad. son-in-law of Smt. Arais Begum. On the death of the plaintiff, the petitioners, claiming to be the daughters, sought to substitute themselves in place and stead of the deceased plaintiff on the ground that a will was executed by the deceased plaintiff on 16. 5. 91. On the other hand, the said Smt. Arais Begum claims to be substituted in place and stead of deceased plaintiff on the ground that she is the only daughter-in-law of the deceased plaintiff and therefore she has the right to substitute under Section 171 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter called as the Act ).

( 2 ) THE learned trial court by an order dated 2. 9. 96 allowed the application of the petitioners. Upon revision being moved by the respondents, the revisional court by an order dated 28. 3. 97 passed in CM! Revision No. 136 of 1996 reversed the said order and allowed the application of said Smt. Arais Begum to be substituted in place and stead of the plaintiff. It is against this order, the present writ petition has been moved.

( 3 ) LE
















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