RAMVILAS Vs. RAMDAS

JUDGEMENT

(1.) Shri Sanjay Kumar Sharma, counsel for the respondent No.1. This petition under Article 226 of the Constitution of India has been filed against the order dated 20th May, 2016 passed by Board of Revenue in Revision No. 558-1/2016, by which the appeal filed by the respondent No.1 was allowed and the name of respondent No.1 was mutated in the revenue records on the basis of 'Will' .

(2.) This case has a ex-chequered history.

(3.) Ramnarayan had 1.07 hectares of land situated in Village Mudayakheda, Tahsil and District Bhind. The respondent No.1 filed an application for mutation of his name on the ground of 'Will' executed by Ramnarayan and accordingly, the Naib Tahsildar by order dated 30/12/2014, allowed the application and the name of the respondent No.1 was mutated in the revenue records on the basis of 'Will'. The order of the Naib Tahsildar was challenged before the SDO, Bhind by the petitioners which was dismissed by order dated 08/10/2015. Further, an appeal was filed by the petitioners before the Additional Commissioner, Chambal Division, Morena which was allowed by order dated 11th February, 2016 and it was declared that the respondent No.1 has 1/3rd share, the widow daughter-in-law of Ramvilas has 1/3rd share and sons of Late Ramvilas has 1/3 rd share and the mutation of the name of the respondent No.1 on the basis of 'Will' was set aside. The order of Additional Commissioner, Chambal Division, Morena was challenged by the respondent No.1 by filing a revision, which was allowed by the Board of Revenue by order dated 20th May, 2016.