HARKESH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This matter had been earlier heard and the judgment had been reserved. On account of certain clarifications that were required the petition was listed for further hearing and has been heard on 27.3.2012. Sri Sharad Mandhyan has assisted the Court on behalf of the petitioner and Sri S.C. Verma has raised his submissions on behalf of the contesting private respondent No. 4 Mahendra Singh. Learned Standing Counsel for the respondent Nos. 1, 2 and 3, and the learned Counsel for the Gaon Sabha respondent Nos. 5 and 6 have also been heard. Affidavits have been exchanged between the parties. The challenge raised in this writ petition is to the orders passed by the Deputy Director of Consolidation confirming the order of the Settlement Officer Consolidation and the Consolidation Officer in a dispute of title over the holding of late Swaroop Lal who died on 25th April, 1986 leaving behind the respondent No. 4 and the petitioner who are contesting the succession to his holding. It is undisputed that the petitioner is the natural son of Swaroop Lal and so is the respondent No. 4 who are real brothers by birth. The date of birth of the petitioner as recorded in the High School certificate as 12.3.1948 is also undisputed.

(2.) The fact that the petitioner succeeded to the holding of his aunt Smt. Sheesh Kaur under a Will dated 10.11.1975 is also undisputed, even though the respondent No. 4 has raised a doubt about the genuineness of the said will in favour of the petitioner. The relevance of this fact would be unfolded as and when the findings are recorded hereinafter.

(3.) The pedigree by which the parties are governed is also undisputed and is reproduced hereinunder: