RISAL (DIED AND AFTER HIM SMT. MATHURI) Vs. DY. DIRECTOR OF CONSOLIDATION, UP, LUCKNOW CAMP AT MEERUT AND ORS.

JUDGEMENT

(1.) THE facts giving rise to the two writ petitions are as follows: The plots in dispute are situate in village Dagarpur and Tigri of Meerut district. These plots were owned by one Har Prasad the father of the parties Ghasi and Risal. Har Prasad who was the owner of these plots transferred his proprietary right along with sir and Khudkasht in favour of his wife Smt. Kanho through a gift deed, Thus Smt. Kanho became the owner of the plots in dispute. After the execution of the gift deed Smt. Kanho in her turn executed a will in respect of the plots in dispute in favour of Ghasi and Risal. Ghasi was the real son of Smt. Kanho and Risal was a step son. Both Ghasi and Risal were the sons of Har Prasad. After the abolition of Zamindari Smt. Kanho became the bhumidhar of the plots in dispute.

(2.) IT appears that after the start of consolidation proceedings in the village in suit Smt. Kanho died on 19 -11 -1961. Risal the Petitioner who has been substituted by his widow Smt. Mathuri during the pendency of the writ petition, filed an application to the effect that the Petitioner and his brother Ghasi be recorded in place of Smt. Kanho. In support of this prayer the Petitioner filed a copy of a registered will executed in the year 1935. This prayer of Risal was objected to by Ghasi on the ground that on the death of Smt. Kanho he alone inherited the property. He denied the execution of the will.

(3.) AGAINST the order of the Consolidation Officer an appeal was preferred before the Settlement Officer (Consolidation). The Settlement Officer (Consolidation) confirmed the decision of the Consolidation Officer. In the grounds of appeal before the Settlement Officer (Consolidation) there is a vague ground challenging the admissibility of the certified copy of the will, but the same, does not appear to have been pressed before the Settlement Officer (Consolidation).