SALMA Vs. DDC

JUDGEMENT

(1.) Heard Sri Shashi Kant Upadhyay, for the petitioners and Sri D.D. Gupta, for the contesting respondents.

(2.) The writ petition has been filed against the orders of Assistant Settlement Officer Consolidation dated 15.07.2003, rejecting the substitution application filed by the petitioners for substituting them as the heirs of Smt. Sharifan, in the appeal and restoration application filed by Smt. Sharifan under Section 11 of U.P. Consolidation of Holdings Act,1953 (hereinafter referred to as "the Act") and Deputy Director of Consolidation dated 31.10.2013, dismissing their revision.

(3.) The dispute relates to the property of Ramzan son of Ilahideen, resident of village Jamua no. 2, tahsil Salempur, district Deoria. After death of Ramzan, Thag son of Ilahideen filed an application (registered as Case No. 996) under Section 12 of the Act, for mutation of his name as an heir of Ilahideen, on the basis of a will 02.11.1976 in his favour. The case was contested by Smt. Sharifan, claiming to be widow of Ramzan and denying the will. The Consolidation Officer, by order dated 30.10.1980, found the will dated 02.11.1976 executed by Ramzan was proved and directed for mutating the name of Thag over the land of Ramzan. Smt. Sharifan filed an appeal (registered as Appeal No. 2458/259) under Section 11 of the Act. In the meantime the appeal was dismissed in default and Smt. Sharifan filed an application for restoration on 13.03.2001, which was pending.