Mr. Sudhir Narain, J. - (1.) This writ petition is directed against the order of the Assistant Collector dated 9-21970, the order of the Additional Commissioner dated 6.1.1976 and the order of the Board of Revenue dated 24.12.1987. The parties are related tp each other which is clear from the pedigree given below :
(2.) Sundar Lal, respondent No. 4, filed suit for declaration under Section 229-B/176, of U.P.Z.A. and L.R. Act, claiming half share over the land in dispute on the allegation that the land in dispute was jointly acquired by his father Gajju, Kali Charan and Regunandan sons of Mathura. They inherited the fight after the death of Smt. Dooja widow of Kali Charan. The contested the suit. It was denied that was acquired by Gajju. The trial Court recorded a finding that it was acquired jointly by Gajju, Kali Charan and Raghunandan. The Suit was decreed and it was held that the plaintiff-respondent had half share over the property in dispute. The petitioners filled appeal against the judgment and decree of the Trial Court. The Additional Commissioner allowed the appeal filed by the petitioner modifying the decree of the Trial Court holding that on the death of Smt Dooja wife of kali Charan, her interest will develop on Raghunandan brother of Kali Chaian and Accordingly Raghunandan will have ⅔ share and the petitioners will have ⅓ share. Against this judgment the petitioners and respondent No. 4 both preferred second appeal before the Board of Revenue. The Board of Revenue has dismissed both the appeals by order dated 24-12-1987.
(3.) I have heard Sri K.K. Tripathi, learned counsel for the petitioners and Sri K.K. Nirkhi, learned counsel for respondent No. 4.;