Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties.

2. Second revision is withdrawn/treated to be withdrawn to this Court under Section 24, C.P.C.

3. The question involved in these revisions is as to whether it is essential to obtain probate of a Will before claiming a right based thereupon in U.P. for Hindus or not.

4. First revision is directed against order dated 4/5.2.1987 passed by Nagar Maha Palika, Tribunal Kanpur in reference case No. 24 of 1985 under Section 18 of the Land Acquisition Act. In the reference instituted by Smt Bhagana, substitution application was filed. After the death of Smt. Bhagana, Shyam Lal claimed substitution on the basis of succession while Satya Narain claimed to be the legatee under the alleged Will executed by Smt. Bhagana on 1.9.1982. Smt Bhagana died on 8.9.1982. Shyam Lal filed an application that as Will was not probated, hence, substitution could not be ordered on the basis of the said Will. The said question was decided against Shyam Lal and it was held that merely on the ground that probate was not obtained claim on the basis of Will if proved could not be rejected. Before the Court below an authority of the Supreme Court rep