JUDGMENT :

1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioners and Sri B.N. Pathak, learned Standing Counsel for respondent nos.1 to 4.

2. Brief facts of the case are that property in question Khewat No.1/1 and 3 Mahal Umar Daraj Ali Khan Kasba and District-Muzaffar Nagar belongs to predecessor in interest of the petitioner i.e. Great Grandfather, namely, Umar Daraj Ali Khan, the property in question is a non-Z.A. Land which after his death devloved upon his five sons, namely, Nawab Aijaz Ali Khan, Shamshed Ali Khan, Mumtaz Ali Khan, Imtiyaz Ali Khan & Irshad Ali Khan. Out of five sons, three sons and their families migrated to Pakistan and only two sons, namely, Nawab Aijaz Ali Khan and Shamshad Ali Khan remained in India. 3/5th share of entire khewat belong to Mumtaz Ali Khan and Imtiyaz Ali Khan and heirs of Irshad Ali Khan was declared as an evacuee property under the Administration of Evacuee Property Act, 1950. Shamshad Ali Khan died issue-less, as such, his 1/5th share devloved upon Aizaz Ali Khan his real brother, accordingly, Aizaz Ali Khan became owner to the extent of 2/5th share. It is relevant to point out here that Umar Daraz Ali Khan had two wives. Out