BHIKAM SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By means of this petition the petitioner has challenged the judgment of the Deputy Director of Consolidation dated 14.1.1988 and Settlement Officer Consolidation dated 3.10.1986.

(2.) The dispute in the present case relates to inheritance after the death of one Bankey Singh son of Pyare Singh. Genealogy of the members of the family amongst whom the present dispute <FRM> arises is as under : Mohan Singh | ------------------------------------------------------ | | | Ishwari Singh Dina Nath Gokul Singh | | X | Dwarika Singh| (Died on 29.11.1982) || ---------------------------------------------| | | Pyare Singh Bulaki Singh Sheolal Singh| | = Smt. Sundar (widowremarried) | | to Pyare Singh and(died in 1980) Bankey Singh Onkar Singh (died on 21.11.1982) | Bhikham Singh (Petitioner)</FRM>

(3.) On death of Bankey Singh the name of the petitioner came to be recorded under Section 175 of U.P.Z.A. & L.R. Act by the order of Assistant Consolidation Officer dated 27.12.1982. Thereafter, respondent No. 3 who is the son of maternal uncle of late Bankey Singh moved an application for recording his name on the basis of an alleged Will dated 15.1.1982 registered on 14.2.1983 executed by deceased Bankey Singh in his favour. The Consolidation Officer vide order dated 20.12.1983 rejected the application on the ground that earlier order dated 27.12.1982 passed in favour of the petitioner has become final. The respondent No. 3 challenged the order dated 27.12.1982 as well as 20.12.1983 in appeal. The Settlement Officer Consolidation vide order dated 28.4.1984 allowed the appeal and remanded the case back to the Consolidation Officer for deciding the same afresh after considering the Will in favour of respondent No. 3.