RAKESH KUMAR GOEL Vs. COMMISSIONER

JUDGEMENT

(1.) Heard Shri Ramesh Kumar Shukla, learned counsel for the petitioner, Shri K. R. Singh, learned Standing Counsel for respondent Nos.1 to 3 and Sri Alok Tiwari, learned counsel for respondent No.4.

(2.) The petitioner has preferred the present writ petition seeking to raise a challenge to the orders dtd. 29/3/2014, 22/7/2013 and 25/6/2010 passed by respondent No.1, 2 and 3 namely Commissioner Moradabad Division Moradabad, Parganadhikari Najibabad District Bijnor and Tehsildar, Najibabad District Bijnor respectfully. By the aforesaid order, the application filed by the petitioner for mutation was rejected.

(3.) The case set up by the petitioner was based on the Registered Mortgage Deed dtd. 16/9/1973 and a non-registered Family Settlement dtd. 21/9/1986. On the basis of the aforesaid documents, the petitioner stated that he is entitled for mutation of his name in the Revenue Records. On the other hand, the case set up by the respondent No.4 is on the basis of Registered Will Deed dtd. 18/1/2005 executed by Sri Ved Prakash Goyal/husband of the respondent No.4. The claim set up by the petitioner was rejected by all the courts below on the ground that the Family Settlement dtd. 21/9/1986 is an unregistered documents and the same will not prevail over the Registered Will Deed dtd. 18/1/2005.