AMRESHWAR PRATAP SAHI - (1.) THIS is a writ petition arising out of proceedings under section 34 of the U.P. Land Revenue Act, 1901 for mutation of the holding of one late Smt. Lakhpati Devi wife of late Mahadev Prasad.
(2.) THE petitioner-institution claims to have succeeded to the holding on the basis of an alleged endowment/will said to have been executed by late Smt. Lakhpati Devi on 12.3.1996. Apart from this claim, an assertion has been made in paragraph 3 that when the bye-laws of the institution were being framed in the lifetime of late Smt. Lakhpati Devi herself, the property had been set apart for the institution. It is on the said basis that the petitioner-institution claims mutation over the holding of late Smt. Lakhpati Devi who died or 13.3.1996. Notices had been issued and the respondent No. 1 has put in appearance through Sri Rahul Sripat and the respondent No. 2 through Sri Ashutosh Srivastava. Respondents No. 3 and 4 have not put in appearance in spite of steps having been taken by the petitioner. The holding is also being claimed by the respondent No. 1 on the basis of a Will said to have been executed in her favour by late Smt. Lakhpati Devi. The respondent No. 2 also claims on the basis of a Will and the respondents No. 3 and 4 are alleged to have set up some sale-deed.
(3.) IN this race of mutation the respondent No. 1 appears to have succeeded in getting an order of mutation from the Tehsildar on 12.3.1999. It appears that restoration applications were filed as alleged by therespondent No. 2 and also by the petitioner-institution.;