(1.) This writ petition arises out of objections filed under Section 9-A (2) of the U.P Consolidation of Holdings Act filed by the petitioner no. 1, Smt. Amarwati. The objections were filed on 02.04.1991, claiming succession on basis of the last Will and testament of one, Roshan Singh, the last undisputed recorded tenure holder and the father-in-law of the petitioner no. 1, Smt. Amarwati. The right that was claimed under the Will relates to Khata nos. 172, 407, amongst others, situate in village Rabada, Pargana Shikarpur, Tehsil and District Bulandshahar.
(2.) It would be profitable to refer to the short pedigree of parties in order to appreciate the petitioner's claim, and, that of the contesting respondent nos. 4 and 5. The pedigree aforesaid is depicted below:-
(3.) The petitioner's case as put forward in the objections is that the original tenure holder, Roshan Singh had three sons, namely, Kanchhi, Shishpal and Sahaspal. Sahaspal admittedly pre-deceased, Roshan Singh. The first petitioner is the widow of Sahaspal. The petitioner acknowledges that in the basic year relative to the consolidation operations to which the objections relate, Roshan Singh was recorded as the bhumidhar in possession of Khata nos. 172, 405, 407, 82A and 82B. In the basic year aforesaid over the Khata no. 172, the name of Devi Singh and Roshan Singh, sons of Udal Singh were recorded as co-tenure holders whereas, over Khata no. 405, Roshan Singh S/o Udal Singh was exclusively recorded. Likewise, in Khata no. 407, Roshan Singh and Devi Singh, last mentioned along with Kanchhi Singh S/o Ram Singh, were recorded. In Khata No. 82A Khadak Singh, Chandrapal, Man Singh, Shankar, Mahesh, sons of Chhitar Singh, Devi Singh and Roshan Singh S/o Udal Singh, Ramji Lal, Gyan Singh, Rewati S/o Chhattar Singh were recorded. In Khata no. 82 B, Khadak Singh, Chandrapal, Man Singh, Shankar, Mahesh S/o Chhitar Singh, Devi Singh and Roshan sons of Udal Singh, Gyan Singh, Rewati sons of Chattar Singh, Kundi Singh S/o Ram Singh were recorded. This is how the original tenure holder, Roshan Singh's tenure was recorded over different khatas in the basic year last mentioned.