- (1.) Heard the counsel for the petitioner and the counsel representing respondent Nos. 5 to 7.
(2.) The present writ petition has been filed against the order dated 28.5.2015 passed by the Board of Revenue, U.P. at Lucknow, i.e., respondent No. 1 (hereinafter referred to as, 'Board of Revenue') in Revision No. 1412/2015 arising out of proceedings registered under Section 34 of the Uttar Pradesh Land Revenue Act, 1901 (hereinafter referred to as, 'Act, 1901').
(3.) Shorn of irrelevant details, the facts of the case are that one Rani Bhuwan Raj Kunwari was the tenure holder of the disputed plots as a result of a sale-deed dated 16.4.1889 executed by one Babu Madhav Das in her favour. The case of the petitioner is that Rani Bhuwan Raj Kunwari died on 15.6.1934 and the property was divided between her grand sons vide order dated 27.10.1948 with each of her grand sons getting 1/3 share in the disputed property. The petitioner claims share in the disputed property through a Will dated 28.6.1971 executed by widow of one of the grand son of Rani Bhuwan Raj Kunwari while the respondent No. 7 is the descendant of the eldest grand son of Rani Bhuwan Raj Kunwari. The facts regarding the death of Rani Bhuwan Raj Kunwari and partition between the three grand sons of Rani Bhuwan Raj Kunwari are disputed between the parties, but are not relevant for a decision of the present writ petition. It is sufficient to state that in support of his aforesaid claim, the petitioner relies on the judgement and decree dated 27.10.1948 passed by this Court in First Appeal Nos. 34 of 1944 and 509 of 1943. However, as the aforesaid facts are not relevant for a decision of the present writ petition, therefore, this Court is not recording any finding on the aforesaid claim of the petitioner.;