PUSPA DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION BULANDSHAHAR

JUDGEMENT

(1.) HEARD Sri Salil Kumar Rai holding brief of Sri Rajesh Kumar, for the petitioner/ review applicant.

(2.) THE writ petition was filed for quashing the order of Consolidation Officer dated 24.06.2003 and Deputy Director of Consolidation dated 28.02.2011, arising out of the proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). After exchange of the pleading and hearing the arguments of the parties the writ petition was decided by judgment dated 01.08.2013. The petitioner has filed this review application.

(3.) BEFORE this Court, the petitioner argued that the will was highly suspicious document as Smt. Asharfi Devi was widow daughter -in -law of Tunda and was residing with him but no provision has been made for her maintenance. Khan Chand, the attesting witness had already died on 25.11.1994 and in his place some imposter was examined before Consolidation Officer as such due execution of the will was not proved. This Court in the judgment dated 01.08.2013 found that death certificate of Khan Chand as produced by the petitioner was a forged document while death certificate produced by the respondent it was proved that Khan Chand died on 16.06.2002 while his statements was recorded before Consolidation Officer on 30.12.1998. It was found that statement of Khan Chand was recorded before Consolidation Officer. As the litigation was going on between Smt. Asharfi Devi and Tunda for maintenance under Section 125 Cr.P.C. as such relation between them was not good. In order to save his property from a widow daughter -in -law who was in litigating term, the registered will was executed by Tunda on 12.05.1982. Tunda died on 24.09.1994 but he did not cancel his will which proved that he did not change his opinion for Smt. Asharfi Devi. On these findings writ petition was dismissed.