URMILA DEVI Vs. NAIPAL SINGH AND 3 OTHERS

JUDGEMENT

(1.) HEARD Sri M.D. Singh Shekhar, Senior Advocate, assisted by Sri R.D. Tiwari, for the petitioner and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Yogesh Kumar Singh, for the respondent -1.

(2.) THIS writ petition has been filed against the orders of Sub -Divisional Officer/Assistant Collector (First Class), Ghaziabad dated 12.02.2008, dismissing Suit No. 24 of 2005 -06 filed by the petitioner and Board of Revenue U.P. dated 10.03.2014, allowing Second Appeal No. 53 of 2007 -08 and setting aside order of Additional Commissioner dated 29.08.2008, in the proceeding arising out of suit under Section 229 -B/176 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).

(3.) THE dispute between the parties is in respect of land of khata 81 (consisting plot 1102 area 1.599 hectare) of village Duhaee, pargana Jalalabad, district Ghaziabad. Smt. Katari Devi was last tenure holder of the land in dispute, who died on 24.12.1999. Smt. Urmila Devi (the petitioner) filed a mutation application (registered as Case No. 200 of 2000) under Section 34 of U.P. Land Revenue Act, 1901, for recording herself and Smt. Savitri Devi (respondent -2) as the heirs of Smt. Katari Devi on the basis of her unregistered will dated 11.12.1999. Naipal Singh (respondent -1) filed another mutation application (registered as Case No. 311 of 2000) under Section 34 of U.P. Land Revenue Act, 1901, for recording his name, as an heir of Smt. Katari Devi on the basis of her registered will dated 06.02.1996. Both the cases were consolidated and decided by Tahsildar, who by order dated 31.05.2005 accepted the will produced by Naipal Singh and directed for recording his name over the land in dispute. The petitioner filed an appeal (registered as Appeal No. 37 of 2004 -05) from the aforesaid order, which was dismissed by Sub -Divisional Officer by order dated 13.01.2006.