SONA DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) S. K. Singh, J. By means of this writ petition the petitioner has challenged the orders passed by the Deputy Director of Consolidation dated 22-6-1987 and 6-3-1987, Annexures 4 and 3 respectively to the writ petition and the order of the Settle ment Officer Consolidation dated 21-1-1985, Annexure-2 to the writ petition.

(2.) IN the proceeding under Section 12 of the U. P. Consolidation of Holdings Act the petitioner laid her claim on the basis of Will, in support of which she has adduced the evidence of attesting witnesses and other witnesses besides filing the registered Will. The Consolidation Officer vide its judgment dated 10- 10-1983 ac cepted the petitioner's claim and directed Mutation of the name. Against the order of the Consolidation Officer dated 10-10-1983 a time barred appeal was preferred by the Respondent No. 4 on 17-12-1984. The Settlement Officer Consolidation without disposing the application under Section 5 of the Limitation Act and without condon ing the delay, allowed the appeal by its judgment dated 31-1- 1985. Against the judgment of the Settlement Officer Con solidation the petitioner filed revision before the Deputy Director of Consolida tion through Sri Suraj Pal Singh Advocate. The revision filed by the petitioner was dismissed by the Deputy Director of Con solidation vide its judgment dated 6-3-1987, against which a restoration applica tion was also filed which too was dismissed on 22-6-1987.

(3.) ON behalf of the respondents in the counter-affidavit it was stated that the petitioner might have engaged Sri Shiv Mangal Singh Tomer, Advocate on her behalf,