LAWS(MPH)-2021-1-4

RAJDEEP KAPOOR Vs. SARWAR KHAN

Decided On January 06, 2021
Rajdeep Kapoor Appellant
V/S
Sarwar Khan Respondents

JUDGEMENT

(1.) Petitioner has filed this misc. petition calling in question order passed by Additional Commissioner, Bhopal dated 27.11.2019 by which order passed by SDO and Naib Tehsildar dated 15.02.2019 and 15.01.2018 was set aside and application for mutation filed by Mohd. Sarwar Khan was allowed.

(2.) Brief facts of the case are as under:

(3.) Counsel appearing for petitioner has challenged the order passed by Additional Commissioner on the ground that Commissioner has no jurisdiction to decide the validity of the 'Will'. It is within the jurisdiction of civil court to decide the genuineness and validity of a 'Will'. There was delay in filing the application for mutation and findings of Commissioner are perverse. 'Will' presented by respondent in the court of Tehsildar has been counterfeited and forged. On aforesaid grounds petitioner made a prayer for setting aside order passed by Additional Commissioner.