PRABHOO DEVI Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) Heard Sri Vijai Bahadur Verma, for the petitioner and Sri M.A. Khan, Senior Advocate, assisted by Sri Mohd. Shadab Khan, for respondents -4 and 5. The writ petition has been filed against the orders of Sub -Divisional Officer dated 30.3.1993, Additional Commissioner dated 18.1.1995 and Board of Revenue U.P. dated 12.11.2000, 25.1.2005 and 4.5.2005 passed in mutation proceeding under Sec. 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).

(2.) The dispute between the parties relates to inheritance of Smt. Udai Raji widow of Ram Pal of village Fardaha Sumer, pargana Patti, district Pratapgarh, The petitioner, who is married daughter of Smt. Udai Raji, filed an application for mutation of her name as an heir of Smt. Udai Raji, on the basis of unregistered Will dated 14.8.1988, allegedly executed by Smt. Udai Raji in her favour. In order to prove due execution of the Will, she examined Shitla Prasad Tewari and Chandra Shekhar Dwivedi, both attesting witnesses of the Will and her Power of Attorney. She also filed various documents to prove that Smt. Udai Raji fell ill on 21.8.1984 and was under treatment of Dr. Chintamani till 23.8.1984 and on 23.8.1984, she was admitted in hospital at Sultanpur and Will dated 22.8.1984 set up by respondents -4 and 5 is a forged document. It may be mentioned that Smt. Bhagwan Devi, who was other married daughter of Smt. Udai Raji also filed an application for mutation of her name along with petitioner as an heir of Smt. Udai Raji. She later on, withdrew her mutation application, admitting will set up by the petitioner.

(3.) Ram Iqbal and Jagat Prasad sons of Ram Sukh (respondents -4 and 5), who are husband's brother's sons of Smt. Udai Raji also filed an application for mutation of their names on the basis of unregistered Will dated 22.8.1984 allegedly executed by Smt. Udai Raji in their favour. They also examined Paras Nath and Rajmani attesting witnesses of the Will dated 22.8.1984. Tahsildar, by order dated 30.1.1992 held that Smt. Udai Raji was seriously ill on 22.8.1984, which was proved from certificate issued by Dr. Chintamani and admitted to Hospital on 23.8.1984 as such execution of Will by her on 22.8.1984 is highly suspicious document. Paras Nath and Rajmani attesting witnesses of the Will dated 22.8.1984 were professional witnesses and had no credibility. Smt. Prabha Devi was residing with her mother from the life time of her father as such there was no reason for Smt. Udai Raji to execute Will in favour of the respondents. Due execution of the Will dated 14.8.1984 set up by the petitioner was proved by attesting witnesses Shitla Prasad Tiwari and Chandra Shekhar Dwivedi. On these findings, he allowed mutation application of the petitioner and directed for recording her names over the land in dispute.