ARTI SRIVASTAVA Vs. ADDL COMMISSIONER J GORAKHPUR

JUDGEMENT

(1.) Heard Sri M.D. Singh Shekhar, learned Senior Counsel appearing on behalf of the petitioners, Sri Ashok Singh and Dr. Vinod Rai, learned Counsel for the respondent Nos. 8 and 11, learned Standing Counsel for the respondent Nos. 1, 2 and 3 and learned Counsel for the Gaon Sabha appearing on behalf of respondent Nos. 13 and 14.

(2.) This petition arises out of a dispute between the petitioners, who are the married daughters of late Sampati, the last recorded tenure holder, and the contesting respondents, who claim themselves to be the sons of the brother of the husband of late Sampati. The respondents claimed the property on the basis of an unregistered Will dated 16.7.1984 alleged to have been executed by late Sampati, who died on 19th January, 1985.

(3.) Sri Shekhar submits that the impugned orders are erroneous, inasmuch as, they are based on mere imagination and have been passed without considering the evidence led on behalf of the petitioners, inasmuch as, the respondents have not been able to clear the cloud that exists in relation to the unregistered Will. It also does not recite any reason for excluding the natural heirs, namely, the petitioners.