LALWATI Vs. CHHOTI

JUDGEMENT

(1.) Heard Shri Dharm Vir Jaiswal, learned counsel for the petitioner, Shri Ayub Khan, learned Counsel for the respondent no.1, learned Standing Counsel for the respondent nos. 2, 3 & 4 and perused the record.

(2.) Challenge in the writ petition is orders dated 11.06.2018, 20.02.2019 and 25.06.2021 passed by respondent nos. 2, 3 & 4 respectively. Present petition is arising out of proceeding initiated under Section 9A(2) of U.P. Consolidation and Holdings Act, 1953 (in brevity "U.P.C.H. Act").

(3.) Factual matrix of the present writ petition is that Smt. Lalwati(petitioner) was previously married with one Kishan Lal and out of their wedlock on son borned namely Vipin. After death of Kishan Lal, his wife Smt. Lalwati had remarried on 1.6.2002 with Sureshpal. Subsequently, on 27.12.2013 Vipin died unmarried. After his death dispute arose with respect to his succession. There are two claimants over the agricultural property of deceased Vipin; (1) Smt. Lalwati (Mother of decesed, who remarried) (2) Smt. Chhoti (Grand-Mother). One objection was filed by Smt. Lalvati (present petitioner), under section 9A(2) of U.P.C.H. Act claiming her right and title being the remarried mother of Vipin.