RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri Arun Kumar, for the petitioners, Sri S.K. Tyagi, for the contesting respondents.
(2.) The writ petition has been filed against the orders of Additional Commissioner dated 15.06.1972, allowing the appeal, setting aside the judgment of trial court dated 29.03.1971 and decreeing the suit of respondent-3 and Board of Revenue, U.P. dated 18.07.1984 dismissing second appeal of the petitioners, arsing out of suit under Section 59/61 of U.P. Tenancy Act, 1939 (hereinafter referred to as the Act).
(3.) Smt. Marchhia (respondent-3) filed two suits on 12.04.1967 (registered as Suit Nos. 37 and 38 of 1970) under Section 59/61 of the Act, for declaring her as the daughter and heir of Raja Rai, having ? ..? share in the land recorded khatas 8 and 13 respectively of village Janari, pargana and district Ballia. She took plea that Raja Rai was co-tenant having ? ..? share in aforesaid khatas, which was their fixed-rate-tenancy. Raja Rai died on 04.08.1948, leaving behind him, Smt. Marchhia, his daughter, as his only heir and legal representative as such she had become co-tenant of ? ..? share in disputed land. In these suits, defendants-1st set were original co-tenants of Raja Rai, defendants-2nd sets were vendees and defendants-3rd set were mortgagee of defendants-1st set. Defendants-4th set were zamindars/land holders.;