Prakash Krishna, J. - (1.) CHALLENGING the order dated 17th January, 1991 passed by the Board of Revenue, U.P. at Allahabad in Second Appeal No. 18 of 1989 -90, Smt. Ganga Devi v. Hardwari, the present writ petition is at the instance of the plaintiffs who had instituted Suit No. 35 of 1988, under Section 229 -B/209 of the U.P. Zamindari Abolition and Land Reforms Act, in respect of Plot No. 526 area one bigha 14 biswas, 13 dhurs and Plot No. 122 area four bighas, ten biswas and 9 dhurs, situate in village Faridpur Chakoldar, Pargana and District Budaun.
(2.) THE background of the facts may be noticed in brief: The suit was instituted on the allegations that Ganga Ram son of Bhikhari was recorded tenure holder of the land in dispute, who on account of services rendered by the petitioners, executed a Will dated 11th September, 1979 in favour of their nephews bequeathing all properties to them. The said Will was contested by the defendants respondents by denying the execution of the Will of Ganga Ram in favour of the plaintiffs. The defendants came out with the case that Ganga Ram had executed a registered Will dated 25 -10 -1978 in favour of his son Om Prakash and his daughters, the defendants who are even otherwise also are the heirs and legal representatives of the deceased.
(3.) THE parties led evidence in support of their respective cases.;