RAM MANI MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) On the basis of the unregistered will deed dated 9.6.1987 in respect of Plot No. 455 area 1 Bigha 5 Bishwar 12 Dhoor, entry in the revenue record in respect of the estate of Ramakant Mishra was attested in favour of the respondent No. 5.

(2.) Facts of the case are that brother of the petitioner namely Ramakant died issue less and after his death the property in dispute would devolve on the petitioner by way of succession. Petitioner being the real brother of the said Ramakant Mishra was natural heir of the said property. The mutation in favour of respondent No. 5 has been attested in absence of the petitioner vide order dated 15.9.1990 on the basis of the unregistered will deed. On coming to know of this fact that the said mutation was attested vide order dated 15.9.1990, an application seeking recall/restoration of the order was filed on 19.3.1991 which was dismissed vide order dated 27.8.1997 on the ground that it was barred by time. Aggrieved against the said order, an appeal was preferred before Sub-Divisional Officer, Gyanpur and the same was also dismissed vide order dated 25.8.1999 on the same ground. Thereafter, against this order petitioner preferred a revision before Addl. Commissioner, Mirzapur who vide order dated 11.11.2005 dismissed the revision and confirmed the orders passed by Sub-Divisional Officer and Nayab Tahsildar.

(3.) It is under these circumstances the present writ petition has been filed.