SANWARI DEVI Vs. ADDITIONAL COMMISSIONER JUDICIAL FAIZABAD

JUDGEMENT

(1.) Heard Sri Ram Kushal Tiwari, learned counsel for the petitioner as well as learned Standing Counsel for respondent nos. 1 to 3 and Sri Virendra Kumar Shukla, learned counsel appearing on behalf of respondent nos. 4 to 8 and Sri Pankaj Kumar Singh, learned counsel appearing for respondent nos. 9 to 13.

(2.) The dispute involved in the resent case is with regard to the two will deeds purportedly made by one Dharamraji. One of the will deed which is unregistered was made in favour of respondent nos. 4 to 8 who are the sons of the sisters of Dharamraji, while on the other hand another will is said to have been executed on 19/7/1994, which is registered in favour of petitioner alongwith respondent nos, 9 to 13, all of whom are daughters of Dharamraji.

(3.) The dispute in the present case pertains to the date of death of Dharamraji. According to the petitioner Dharamraji is said to have died on 30/9/1994, but date of her death was wrongly recorded by the Registrar of Birth and Death as 30/6/1994. Smt. Sanwari Devi - petitioner has moved an application under Sec. 34 of the Land Revenue Act before the Tehsildar for mutation of the property bequeathed by Dharamraji in favour of petitioner and her sisters namely respondent nos. 9 to 13. In the said proceedings objections were filed on behalf of respondent nos. 4 to 8 who also produced a will executed by Dharamraji on 28/5/1994, stating that Dharamraji had executed the said will in their favour while contesting the application of the petitioner stating that on the face of it the said will has been executed 19 days after death of Dharamraji and consequently registered document cannot be believed.