JUDGMENT A.K. Sharma, M. - Learned counsel for the applicant's present. There is no one present for the Opposite Party. I have heard the learned counsel for the applicant. He has pointed out that the will was withdraw on June 27, 1973 by Opposite Party. The Board issued notices to the party to submit the will. The notices were issued on November 2,1976 and December 8, 1976, but despite service, the will has not been submitted before the Board. He has therefore, argued that the Opposite Party, having not complied with the order being absent today, has withdrawn the will and their case for possession or succession falls to the ground. As to possession, he said that the facts are that Smt. Ram Devi died on November 14, 1967. The Opposite Party moved for mutation on January 22, 1968, while the revisionist moved his application for mutation on January 25, 1968. The learned counsel has contended that the revisionist's name was bound to be recorded in mutation as the legal successor and opposite party had not proved the will, on the basis of which the possession was previously claimed. 2. I have gone through the files of the case. 3. I find that the contention of possession is not borne out so far as the O.P. is concerned and a will cannot be taken into consideration unless it is duly proved vis-a-vis the claim of a legal heir. Moreover, the law is that even if the legal heir is not in possession, he is to be put in possession under certain circumstances. Learned counsel has cited 1956 R.D. 328 because the mutation was moved for very shortly after the death of Smt. Ram Devi. It is clear that the evidence was not properly appreciated in the learned Courts below and needless weight was given to the will. Thus has led to the miscarriage of justice and is liable to be looked into in this Revision. 4. I, therefore, allowed the Revision and set aside the order of the learned Collector, Fatehpur dated January 22, 1973 and order dated July 31, 1968 passed earlier by the learned Trial court, and order that the name of Sheo Kumar s/o Banshi be recorded on the land in dispute. 5. This order also governs Rev. No. 143-148/72-73/Distt. Fatehpur.