( 1 ) THIS writ petition arises out of a suit for partition under Section 176 of Act No, 1 of 1951.

( 2 ) THE parties to the suit were related to one another as shown in the pedigree given in the affidavit. Bachchan Singh had five sons Including Ram Baran Singh, Deo Singh and Samoo. Ram Baran Singhs wife was Smt. Rukmina. Deo Singhs daughter was Smt. Lachi. Her sons are dashrath and others. Samoos sons are Sharda, Rama and Markandey. Dashrath and others filed the suit for partition against Sharda and others claiming 2/5th Share in the holding. According to the plaintiffs, Smt. Rukmina died before Deo Singh. The plaintiffs claim was resisted by the defendants. In the first place, it was denied that Smt. Rukmina is dead. In the alternative, it was suggested that she might have died after Deo Singhs death. The trial Court held that Smt. Rukmina is dead, and that she died during Deo Singhs lifetime. The plaintiffs claim was, therefore, decreed. Successive appeals by the defendants were dismissed by the Additional commissioner, Varanasi and the Board of Ravenu. Hence this writ petition by Rama Singh defendant.

( 3 ) THE decision of the case turned on the questions whether