RAM AWADH SINGH Vs. D.D.C. AZAMGARH

JUDGEMENT

(1.) These two writ petitions arise out of a dispute relating to the property held by Smt. Surya Mukhi wife of Jagannath. She was having following three holdings.

(2.) It appears that two sale deeds are stated to have been executed by Smt. Surya Mukhi in favour of respondent nos.2, 3 and 4 of Writ Petition No.19759 of 2003. Vide sale deed dated 13.5.981, land of Chak no.846 of Village Ladaura is stated to have been transferred, whereas by the other sale deed dated 29.5.1981, land of Chak No.602 as well as 0.456 hectare of plot no.1540 is stated to have been transferred. Assistant Consolidation Officer proceeded to effect the sale deed dated 13.5.1981 in the revenue records on 8.7.1981, and by a separate order passed on 10.7.1981, the land allegedly transferred vide other sale deed was mutated in proceedings under Sec. 12 of the U.P. Consolidation of Holdings Act, 1953. It is claimed that Smt. Surya Mukhi was alive, and she filed appeal no.341, which got renumbered as 475 against the order dated 8.7.1981, and appeal no.606, which got renumbered as 930 against the order dated 10.7.1981. It is not in dispute that these appeals are yet to be decided on merits. It may also be recorded, at this stage, that the respondents have disputed the factum of filing of appeal by Smt. Surya Mukhi.

(3.) Petitioners, Ram Awadh and others, claimed that Smt. Surya Mukhi executed a registered will in favour of them on 23rd Feb., 1982, and that she died on 6.7.1982. It further appears from the record that upon the remaining land of plot no.1540 measuring 1.937 Acre, name of present petitioners got mutated on the basis of will on 25.1.1983. The respondents dispute the very execution of will in favour of petitioners on 23rd Feb., 1992 as well as consequential proceedings.