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2004 Supreme(All) 980

ASHOK BHUSHAN
Vishwa Nath – Appellant
Versus
Board of Revenue, U. P. , Lucknow – Respondent


Advocates:
Counsel for the Petitioners: Rajesh Kumar.
Counsel for the Respondents: Sudhakar Pandey, S.C.

JUDGMENT

Ashok Bhushan, J.—Heard Sri Rajesh Kumar, counsel for the petitioners and Sri Sudhakar Pandey, advocate appearing for respondent Nos. 4 and 5.

2. By this writ petition, the petitioners have prayed for quashing the order dated 29th November, 2003 passed by Board of Revenue, order dated 3rd January, 1998 passed by Sub-Divisional Officer, Ballia and the order dated 13th November, 1997 passed by Naib Tahsildar, City, Ballia in proceedings under Section 34 of U. P. Land Revenue Act, 1901.

3. Brief facts giving rise to this writ petition are ; one Ram Sunder was recorded tenure holder. Ram Sunder died on 12th April, 1993 leaving behind the petitioners as his two sons, respondent No. 5 as widow of predeceased son Jadunath and respondent No. 4 as widow of predeceased grandson. A report under Section 34 of U. P. Land Revenue Act, 1901 claiming mutation was submitted by the petitioners on 19th April, 1993 on the basis of registered Will dated 5th June, 1989 claimed to be executed by Ram Sunder in favour of the petitioners. The petitioners case was that Will has been executed in favour of the petitioners, hence their names be mutated. On issue of proclamation objections were filed b













































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