By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the judgment and order dated 30-7-1990 passed by the second appellate Court, i.e. Board of Revenue U.P. at Allahabad, whereby the appeal preferred by defendant no.1- Bishambhar Dayal (deceased respondent no.4 herein) has been allowed and suit of the plaintiff-Radheshyam Saxena (deceased petitioner herein) was dismissed.

2. During the pendency of the writ petition, the plaintiff-petitioner Radhe Shyam Saxena and the defendant-respondents no. 4 and 5 (Bishambhar Dayal and Dhanpat Rai) have died, therefore, they have been substituted by their legal heirs in the writ petition.

3. Briefly stated, the facts giving rise to the present writ petition are that the petitioner-plaintiff Radheshyam filed a suit for possession under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act (for short the Z.A. & L.R.Act) against the defendant-respondent nos. 4 and 5 Bishambhar Dayal and Dhanpat Rai as well as State of Uttar Pradesh. The plaintiff filed the suit alleging therein that the plaintiff is the Bhumidhar of the land in suit comprising of plot no. 245, area 4 bigha, 8