SUKHRAM Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri N.C. Upadhyay for the petitioner. The writ petition has been filed against the order of Consolidation Officer dated 23.6.2004, Settlement Officer, Consolidation 5.10.2006 and Deputy Director of Consolidation dated 14.2.2014 passed in the title proceeding under U.P. Consolidation of Holdings Act.

(2.) The dispute is related to the properties of Smt. Channan Dei daughter of Ram Manorath, wife of Parag Dutt village Parsaura, Distt. Bahraich. The property in dispute was recorded in basic consolidation record in the name of Chanan Dei. The petitioner filed an objection that Smt. Chanan Dei executed a registered Will dated 21.10.1995 in favour of the petitioner and died on 8.5.1996 as such the petitioner has inherited with the property under the Will. On the other hand the case was contested by Chanan Dei herself on the ground that the Will is forged and she is still alive and the property cannot be recorded in the name of the petitioners. In order to prove the case, the petitioner examined Ram Khelawan, Jagat Ram (attesting witnesses of the Will), Manjoor Ahmad and himself and filed a certificate issued by Smt. Saraswati Devi, Member, Kshetra Panchayat, Ward No. 93, district Bahraich showing that Chander Dei daughter of Ram Manorath resident of Parsaura, pargana and district Bahraich died on 8.5.1996. Channan Dei in order to prove her case filed a documentary evidence in the shape of pariwar register and extract of khatauni as well as the FIR alleged against the petitioner and his witness for fabricating her Will. Apart from documentary evidence she examined Prem Narain, Udai Prakash, Lallan Bihari and herself out of which Lallan Bihar was Pradhan of Gram Panchayat Parsaura and also one Pradhan of village Bhauri, who all have stated that the lady appearing before the Consolidation Officer was Channan Dei daughter of Ram Manorath and is not a dead person accordingly the Consolidation Officer relying upon the evidence of Channan Dei, dismissed the objection of the petitioner by order dated 23.6.2004. The petitioner filed an appeal (registered as Appeal No. 442) from the aforesaid order which has been dismissed by Settlement Officer Consolidation by order dated 5.10.2006 and the revision filed by the petitioner has also been dismissed by Deputy Director of Consolidation by order dated 14.2.2014. Hence this writ petition has been filed.

(3.) The Counsel for the petitioner submits that the attesting witness Jag Ram was examined who has proved due execution of Will in his statement but it has been illegally ignored on the ground that in the part of cross-examination there was no signature of the Presiding Officer. From the death certificate filed by the petitioner, it was proved that Smt. Channan Dei has died on 8.5.1996, thus the petitioner has proved due execution and attestation of the Will as well as death of Smt. Channan Dei. In such circumstances, the right of the petitioner on the basis of the Will executed by Smt. Channan Dei ought to have been accepted but it has been illegally disbelieved.