LAWS(UTN)-2006-8-85

SHYAM SINGH Vs. BOARD OF REVENUE AND OTHERS

Decided On August 18, 2006
SHYAM SINGH Appellant
V/S
Board of Revenue and others Respondents

JUDGEMENT

(1.) Heard Sri S.K. Jain, Advocate for the petitioner and Standing Counsel for the respondents.

(2.) By the present writ petition, the petitioner has prayed tor a writ of certiorari quashing the judgment and order dated 8.4.1999 passed by the respondent No. 1, judgment and order dated 4.5.1994 passed by the respondent No. 2 and judgment and order dated 14.10.1991 passed by the respondent No. 3.

(3.) Briefly stated, according to the case of the petitioner, his father Isham Singh and Chatar Singh were the sons of Roop Singh. Chatar Singh had no issue. He was living separately from the father of the petitioner. Chatar Singh had great love and affection for the petitioner, therefore, he executed a registered Will dated 16.8.1976 in favour of the petitioner bequeathing his all his move able and immovable properties including the agricultural plots. Further case of the petitioner is that Chatar Singh was also the owner of the Khata No. 81, Khasara Plot No. 645 area 1.10 acre of which the rental value was Rs. 11.00. Chatar Singh died on 29.3.1983 and thereafter by virtue of the Will, the petitioner had become owner of all movable and immovable properties of Chatar Singh. One Rajendra Singh of the village got plot No. 645 area 1.10 acre transferred in his name through a void sale deed executed by Isham Singh and he got his name mutated over Khata No. 81 Khasara Plot No. 645 area 1.10 acre.