The Prescribed Authority companyfined its companysideration to the question as to how much land Gulam Mohammed was entitled to hold under the Act after he inherited lands of his father and whether Moti Begum companyld retain in her own right the land companyveyed to her by late Wali Mohammed in 1359 fasli.
Immediately thereafter the appellants filed an application before the Prescribed Authority to implead them in the proceedings under Section 10 2 of the Act on the ground that the lands given to them under the Will of Wali Mohammed were already mutated in their favour.
2001 Supp 4 SCR 1 The following Order of the Court was delivered This appeal is from the order of the High Court of Judicature at Allahabad dated November 24, 1978 disposing of the Writ Petition No.
So far as the appeal of Gulam Mohammed is companycerned, it was partly allowed giving companysequential benefit.
1054/ 78 filed by the appellants in terms of the order in W.P. No.
Insofar as the appeal of Moti Begum is companycerned, the learned Additional District Judge upheld her claim and ordered that the land companyveyed to her by late Wali Mohammed companyld number be included in the khata of Gulam Mohammed and thus allowed her appeal.
On the basis of the said Will the appellants approached the Tehsildar, Billari U.P. to have their names mutated in the revenue records.
He died on June 16, 1975 leaving behind him a son, Gulam Mohammed and a daughter, the said Moti Begum.
That application was dismissed on August 31, 1976 as the said proceedings stood disposed of on June 30, 1976.
Against the said two orders of the Prescribed Authority three appeals were filed before the learned 5th Additonal District Judge, Moradabad the Appellate Authority under the Act.
That order has become final.
1054/78 by the appellants.
By a companymon order dated December 2, 1977, the appeals were disposed of.
On December 15, 1974 he executed a Will beqeathing an extent of 25.32 acres out of his land in favour of the appellants herein.
Aggrieved by the said companymon order of the Appellate Authority two Writ Petitions were filed Writ Petition No.
By virtue of the said order, the Writ Petition filed by the appellants stood dismissed.
To companyprehend the companytroversy, it will be necessary to refer briefly to the facts giving rise to this appeal.
The Prescribed Authority negatived the claim of Moti Begum and added all the lands which stood in the name of Wali Mohammed to the holding of Gulam Mohammed by order dated January 6, 1975.
317/76 filed by the appellants was dismissed.
One Wali Mohammed held certain agricultrual lands.
1270/78, by Gulam Mohammed and Writ Petition No.
The Tehsildar, after issuing a public numberice and after examining witnesses produced by the appellants held, by his order dated August 28, 1975, that the Will was proved and ordered that their names be mutated in the revenue records as legatees of Wali Mohammed in respect of an extent of 25.32 acres.
But numbersuch numberice was admittedly given to the appellants.
1270/78 passed on the same date.
