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2005 Supreme(All) 1575

S.N.SRIVASTAVA
Raj Bahadur, Banku – Appellant
Versus
Additional Commissioner – Respondent


Advocates:
C.B.Singh, MANOJ SRIVASTAVA,

S. N. SRIVASTAVA, J.

( 1 ) IMPUGNED herein are the orders dated 29. 9. 2004 and 7. 12. 2004 passed by trial court and revisional Court respectively whereby the application filed by the defendants under Order VII rule 11 C. P. C. was dismissed.

( 2 ) THE dispute in the instant petition revolves round the Bhumidhar land of Dharamraj situated in village Unao Pargana Atharwan Tahsil Manjhanpur District Kaushambhi. Dileep Kumar son of dharamraj arrayed as respondent no. 3 in the instant petition instituted a suit under Section 229 B of the U. P. Z. A. and L. R. Act with the allegations that the landed property has been inherited by him, he being the only son of Dharamraj and that the defendants got their names mutated in the revenue record claiming themselves to be the successors of Dharamraj by setting up an unregistered Will. It is further alleged that at the relevant time, the plaintiff was minor and the defendants by manufacturing an unregistered will, got their names mutated in the revenue records. It was further alleged that the plaintiff being the only son of Dharamraj, the property devolved upon him. The suit instituted by the plaintiff prayed for the relief of declaration of his















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