ISRAR AHMAD Vs. DISTRICT DIRECTOR OF CONSOLIDATION, BARABANKI

JUDGEMENT

(1.) Heard Sri M.A. Khan, learned senior counsel assisted by Sri Mohd. Aslam Khan, learned counsel for petitioner and Sri Jai Pal Singh, learned counsel for opposite party No.4.

(2.) Initially Mohd. Yunus and his sister Asgari Khatoon were joint tenure holders of the agricultural land in dispute admeasuring about 4.4 hectares to the extent of half share each. Petitioner claims that Smt. Asgari Khatoon executed unregistered Will dated 10.12.1996 in respect of her share in the agricultural land in favour of the petitioner and Sri Mohd. Yunus also executed Will on 07.06.2012 in favour of the petitioner in respect of his share. However, Mohd. Yunus had earlier executed registered Will on 18.12.2008 in favour of Darul Uloom Devband, respondent No.5, a registered society running a school. Before C.O. petitioner as well as Mohd. Yunus claimed the property of Smt. Asgari Khatoon. The C.O. on 23.06.2012 passed order in favour of petitioner in respect of land of Asgari Khatoon. Against the said order respondent No.4, Mohd Farooq filed appeal as well as an application before C.O. for recall of the order. The C.O. through order dated 18.04.2013 recalled its order dated 23.06.2012.

(3.) The case of respondent No.5 was that Mohd. Yunus had executed the registered Will of his entire property including the property of his sister which he got in inheritance on 18.12.2008. Mohd. Yunus was afterwards murdered.