( 1 ) THIS is a petition under Article 226 of the Constitution challenging the validity of an order of the Board of Revenue dated the 17th-18th July 1956.

( 2 ) THE facts are these. On the 3rd of January 1955 the second respondent made an application under Section 34 of the United Provinces Land Revenue Act to the Tahsildar of Koil, in the district of Aligarh, that her name be entered in the annual register maintained under that Act as being in possession of a particular holding as the successor of one Smt. Dewalia deceased. The application was opposed by the petitioner who claimed to be the true owner, but an order was made by the Tahsildar directing that mutation of names be effected as asked for by the second respondent. That order was however set aside by the Commissioner on appeal by the petitioner. The second respondent then filed an application in revision before the Board of revenue; and the Board by the order which is now being challenged allowed the application, set aside the order of the Additional Commissioner and restored that of the Tahsildar.

( 3 ) THE contention of learned counsel for the petitioner Is that the Board of Revenue in passing this order exc