RAM SUBHAG Vs. KAILASH AND ANOTHER

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution the prayer is that the order dated 19-6-1993 passed by Deputy Director of Consolidation, Gorakhpur, in revision Under Sec. 48 of the U.P. Consolidation of Holdings Act, 1953 (for short, the Act) and the order of the Settlement Officer (Consolidation) dated 28-10-1991 passed, in appeal by the petitioner and the order dated 14-5-1987 passed by the Consolidation Officer, be quashed by issuing a writ of certiorari.

(2.) Portrayal of the essential facts are that in basic year over chak no. 50 B the name of Smt. Bhuili deceased was recorded. An application was filed by the petitioner under Sec. 12 of the Act that he is the heir of Smt. Bhuili, as Ambar, the husband of Smt. Bhuili died first, and his heir was Prasad, father of the petitioner hence he was preferential heir, and the will dated 12-9-1978, executed by her was fictitious and was liable to be rejected. A suit was filed in the Civil Court in respect of validity of will, hence the legatee can not get any right on the basis of will and his name be entered as bhumidhar and that of Smt. Bhuili be expunged. The claim of the petitioner was contested by Respondent No. 1 Kailash who alleged that he was legatee as he obtained a registered will on 12-9-1978 from Smt. Bhuili as a Bhumidhar and will was legal, and in any case he may be entered as Bhumidhar in place of Smt. Bhuili and the application of the petitioner be rejected.

(3.) All the Consolidation Authorities by the aforesaid impugned orders had rejected the claim of the petitioner and held the registered will in favour of Respondent No. 1 to have been proved, hence his name was ordered to be entered as Bhumidhar in place of Smt. Bhuili.