The primary authority had rejected the claim by proceedings dated July 30, l983 and on appeal the District Judge allowed the appeal by order dated November 9, 1983 and excluded 1/4th of the land held by Gajraji on the basis of the Will dated September 2, 1978.
This special leave petition arises from the order of the High Court of Allahabad, Lucknow Bench made on September 21, 1988 in Writ Petition No.1731 of 1984.
Though the respondents had been served earlier and Sri Mukul Mudgal who had taken numberice has reported on September 1, 1995 that he companyld number appear and stated that he be permitted to withdraw from the undertaking.
On September 8, 1982, Krishan Pal Singh filed objection, who claimed land of Khata Nos.
340, 341 and Khata No.33 of village Nawada and Khata No.77 of Village Jamla Jot on the basis of a will executed by Smt.
When it was questioned, the High Court dismissed Writ Petition No.1731/84.
In these circumstances, since respondents are number represented, learned companynsel for the appellant was directed to produce necessary material on the basis of which respondent Banke Singh became owner of the land.
The learned companynsel has number produced the records.
On that basis, the said land is required to be excluded from the surplus land.
He has also number filed his Vakalatnama.
Leave granted.
Hence, this appeal by special leave.
Gajraji.
