RAJAN ROY, J. - (1.) Heard.
(2.) The facts of the case in brief are that the suit property bearing Plot No. 28/Khasra No. 349, Bhaptamau, Lucknow, recorded in Khatauni No. 15 and Gata No. 900/2 measuring 1.8960 Hectare was recorded in the name of Aditya Kumar Mishra, husband of the petitioner herein who died, regarding which there is no dispute.
(3.) The father of Aditya Kumar Mishra claimed declaration in respect of the said holding of Aditya Kumar Mishra, in his favour, on the basis of a registered Will executed by him in his favour in a suit filed under section 229-B, which was dismissed, inter alia, on the ground that the original Will had not been annexed with the plaint on 26.12.2012. Being aggrieved, the father Mahasevak Mishra filed an appeal under section 331 of the U.P. Zamindari Abolition and Land Reforms Act 1950. During pendency of the appeal the appellant died. As he had three surviving daughters who are married, his counsel moved an application for substitution whereupon the three daughters were substituted, however, it is said that only one of them Neelima Dwivedi contested the appeal by putting in appearance. At this stage it is informed that in fact prior to his death the appellant had executed a Will dated 14.3.2012 wherein the suit property fell in the share of Neelima Dwivedi and not the other two daughters namely Chetna Pandey and Preeti Tiwari.;