RAJU RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Aniruddh Chaturvedi, learned counsel for the petitioners and Sri Girish Vishwakarma, learned Standing Counsel for the State.

(2.) Petitioners have filed these petitions challenging the order dtd. 16/3/2020 passed in Revision No.192/287/2009-2010, Computerized No.C201007000066 (Rajaram Vs. Ramswaroop and others) on the ground that, courts below have passed impugned orders on the basis of conjectures and surmises without taking into consideration a fact that a Will was executed in favour of the petitioners, which was duly proved and petitioners are in possession of the suit property, yet overlooking their possession, title of respondent nos.5 and 6, has been accepted on the basis of Will of Sri Nathu Ram son of Ram Sanehi Rawat.

(3.) It is submitted that earlier Will was in the name of the petitioners, who are nephews of Sri Nathu Ram, inasmuch as, Nathu Ram did not had any sons of his own, therefore, he had earlier written a Will in favour of the petitioners, but on the basis of a subsequent Will, mutation has been carried out in favour of the married daughters. It is further submitted that at the relevant point of time, daughters were not having any right of inheritance and, therefore, the impugned orders are illegal and arbitrary.