HOSHYAR SINGH Vs. BOARD OF REVENUE LUCKNOW

JUDGEMENT

(1.) Heard Sri Krishna Mohan Garg for the petitioner and Sri S.C. Verma for the contesting respondents.

(2.) The writ petition has been filed against the orders of Tehsildar dated 4.12.2015 and Board of Revenue, UP dated 8.6.2016 passed in the mutation proceeding under UP Land Revenue Act, 1901.

(3.) The dispute was in respect of inheritance of properties of Smt. Seeta Devi. Hoshyar Singh, the petitioner and Smt. Anjali Devi, respondent -13 derive their title on the basis of an unregistered Will dated 25.12.1998 allegedly executed by Smt. Seeta Devi. On the other hand Gajendra Singh, Narendra Kumar Singh and Surendra Singh are claiming themselves to be son of Smt. Seeta Devi and alleged that Will is fabricated inasmuch as Seeta Devi died on 26.1.1999 intestate. Name of Gajendra Singh and others were mutated in the khatauni on the basis of report under P.A. 11 A on 1.8.1999. Subsequently they transferred the land in dispute to the respondents -7 to 11 in the writ petition. On the basis of transfer deed respondents -7 to 11 applied for mutation of their names. The mutation case was registered as Case No. T20141316011464 (Pramod Kumar Vs. Rajbala and others) and Case No. T 20141316011463 (Varun Pratap Singh and others v. Naresh Kumar and others). The Tehsildar by the order dated 4.12.2015 directed for mutation of names of the respondent 7 to 11. The revision filed by the petitioner against the aforesaid order, has been dismissed by Board of Revenue by order dated 8.6.2016.