RAM KISHAN Vs. BOARD OF REVENUE, U.P.

JUDGEMENT

(1.) Heard Sri O.P. Srivastava, Senior Advocate, assisted by Sri Virendra Kumar Dubey, for the petitioner and Sri H.N. Tiwari, for the contesting respondent.

(2.) The writ petition has been filed against the orders of Deputy Collector dated 05.06.2009 and Board of Revenue, U.P. dated 04.06.2014 and 25.08.2014, in mutation proceeding under U.P. Land Revenue Act,1901 (hereinafter referred to as the Act).

(3.) The dispute between the parties is for inheritance of land of Mula son of Girwar, resident of village Kharot, pargana Chhata, district Mathura, of khata - 307 (consisting plots 534 (area 1.47 acre), 634 (area 0.34 acre), 668 (area 1.20 acre), 671 (area 0.81 acre) 1311 -Aa (area 0.93 acre) and 1311 -Ba (area (3.75 acre) situated in aforesaid village. Mula died on 14.09.1989. The petitioner filed an application (registered as Case No. 268 -T/191 -NT) under Section 34 of the Act, for mutation of his name over the land in dispute, on the basis of unregistered will dated 10.08.1989, before Naib Tahsildar. Amar Chand (respondent -3) filed another application before Tahsildar for mutation of his name over the land in dispute on the ground that Mula had adopted him on 14.03.1969 and later on executed a registered adoption deed dated 10.03.1989. Mula also executed a registered will dated 24.02.1989 in his favour. In last 3 years of life, Mula shifted to village Lohna, tahsil Palval, district Faridabad and was residing with his natural father, Bishram and died there. Alleged will dated 10.08.1989 was a forged document.