Anjani Kumar Mishra, J.

1. Heard Shri S.C. Varma, learned counsel for the petitioners and Shri Rajiv Mishra for the contesting respondents.

2. The instant writ petition is directed against the judgment of the Trial Court, the First and Second appellate Courts in a Suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act.

3. This suit was filed by the respondent No. 5, Ram Kanya seeking a declaration regarding plots of Khata No. 34 (currently khata No. 46), situated in village Hasta Jariye, Pargana Karvi, District Banda. She claimed title by survivorship under Section 175 on the ground that her co-tenure holder, Shiv Sampat, died in 1978 without leaving any heir.

4. It is the admitted case of the parties that the land in dispute initially belonged to one Beni Ram, who had three sons, namely, Shiv Bodhi, Maiya Deen and Bachchi Ram. Shiv Bodhi died issue-less and therefore, half share each, in the disputed Khatas went to the two surviving brothers, Maiya Deen and Bachchi Ram.

5. Bachchi Ram, according to the plaintiff, had two sons, namely, Mahadev and Shiv Sampat and each had 1/4 share each in the disputed khata.

6. Shiv Sampat sold his entire share to the plai