MOBIN Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This case is arising out of a proceedings initiated under Sec. 9A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953").

(2.) Parties have not disputed the pedigree so far as relations are concerned that land in dispute was in the name of Yaqoob, who has three sons, namely, Shakeel, Jameel and Furkan. The eldest son Shakeel had married with Petitioner-1, Smt. Mobin on 1/3/1997. However, unfortunately he died on 27/7/1997. It is the case of Petitioner-1 that out of wedlock of Shakeel a daughter was born (Petitioner-2 herein) whereas case of contesting-respondents is that Petitioner-1, after death of her husband, remarried and Petitioner-2 was born out of wedlock with her second husband. It is further case of contesting- respondents that since Petitioner-1 has not taken care of her husband during his life time, therefore, he executed a Will dtd. 12/7/1997 in favour of contesting-respondents, i.e., his two brothers.

(3.) Petitioners have lost before all the three authorities, i.e., Consolidation Officer, Settlement Officer of Consolidation and Deputy Director of Consolidation. Relevant part of impugned orders are mentioned hereinafter: