RAM LOCHAN Vs. COMMISSIONER, DEVI PATAN MANDAL GONDA

JUDGEMENT

(1.) Heard Sri D.C. Tiwari, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1, 2 and 3 and Sri V.K. Asthana, learned counsel has put in appearance on behalf of purchaser of the land which was sold to her by respondent no.4.

(2.) As per learned counsel for the petitioners their brother Triloki Nath had died issueless and his wife had already died in his life time. The petitioners brother Triloki Nath, executed an unregistered will in favour of the petitioners. The petitioners names were mutated in the revenue records under orders of Tehsildar, Bhinga, Shravasti on 2.8.2002. However, the opposite party no.4 Smt. Pujrain, claiming herself to be the widow of Triloki Nath, had filed objections before the Tehsildar and claimed that she is legally married wife of Triloki Nath said to be brother of petitioners. She has supported her case by filing documents and other materials. The objections were rejected by the Tehsildar and the recall/restoration of the order was rejected by the Tehsildar on 2.6.2006 The opposite party no.4 filed an appeal before the Sub-Divisional Officer, Bhinga, Shravasti. It was disposed of vide judgment and order dated 10.8.2007. A revision was preferred to the Commissioner, Devi Patan Mandal, Gonda. In the meantime, the petitioners filed a Writ Petition No.5497 (M/S) 2009 Ram Lochan and another Vs. Additional Commissioner, Devi Patan Mandal, Gonda. This Court vide judgment and order dated 4th Nov., 2009 finally disposed of the petition with a direction that the revisional court would dispose of the revision within two months from the date of production of certified copy of the order. Accordingly the revisional court had decided the revision on 29th March, 2010 and affirmed the findings record by the appellate court.

(3.) Sri D.C. Tiwari, learned counsel for the petitioner has stranously argued that Smt. Pujrain was a gross stranger, she had no concern with the land in dispute and the petitioners brother Triloki Nath. She is trying to usurp the property without any real and substantial connection with petitioners brother Triloki Nath. He has submitted that he wants to approach some other competent court, raising a title dispute.