Ashok Bhushan, J. - (1.) Heard Counsel for the petitioner.
(2.) This writ petition has been filed by the petitioner praying for quashing of the order dated 13-2-2001 passed by Board of Revenue and the order dated 24-1-1994 passed by the Additional Commissioner.
(3.) A suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act has been filed by the respondent Nos. 3 to 6 praying for declaring that they are Bhumidhar of the land in dispute. The plaint allegation was that one Smt. Tijia widow of Parsadawa was Bhumidar of land in dispute and she remain in possession of the land in dispute and has executed the Will in favour of the plaintiffs. The suit was decided in which it was stated that she has remarried with Har Charan and her rights came to an end. The suit was decreed partly by the trial Court against which an appeal was filed by the respondents. In the appeal, the appellate Court took the view that the important issue regarding remarriage of Smt. Tijia has not been framed by the trial Court. The appellate Court took the view that aforesaid issue is relevant since the rights are being claimed because remarriage and its consequences have bearing on the result of the suit. By the order dated 24th January, 1994, the appellate Court set-aside the decree and remanded the case to the trial Court for framing an additional issue with regard to remarriage of Smt. Tijia. A second appeal was filed by the petitioner before the Board of Revenue which has been dismissed by the Board of Revenue holding that there is no substantial question of law. The Board of Revenue also took the view that remarriage of Smt. Tijia was an important issue and in absence of specific issue on the point, the trial Court went wrong in recording the finding.;