Hon'ble Amreshwar Pratap Sahi, J. - (1.) HEARD Sri R.K. Khanna learned counsel for the petitioner and Sri Pundir for the respondents 2 to 6. Affidavits have been exchanged between the parties and therefore the matter is being disposed of finally at this stage itself.
(2.) THE background in which the present writ petition has been filed is that a suit under Section 229 -B filed by the respondents claiming co -tenancy rights over the disputed property came to be decreed on 10th August, 1990. Aggrieved the petitioner filed an appeal contending that it was not a case for any such declaration as the suit itself had been filed after more than 25 years and that at the best they could have claimed correction whichever was also not permissible. The learned Commissioner allowed the appeal on 11th November, 1991 and set aside the judgment and decree of the trial court.
(3.) THE respondents went up in second appeal before the Board of Revenue which was contested by the father of the petitioner Ganga Saran. During the pendency of the second appeal, admittedly Ganga Saran died on 26th of June, 1994. No substitution of the heirs of Ganga Saran was carried out and the appeal remained pending. The appeal came to be finally allowed on 24th December, 1996.;