RANJIT ALIAS BHAIYU MOHITE Vs. NANDITA SINGH

JUDGEMENT

(1.) Since the contesting party is the respondent No.1, therefore, the case is heard finally.

(2.) The necessary facts for disposal of the present petition in short are that the respondent no.1 filed an application under Section 110 of MPLR Code before the Tahsildar for mutation of her name on the basis of Will purportedly executed by Vijay Singh Rao Mohite, son of Late Shankar Rao Mohite, who was also known as ''Vijay Singh Rao Ghorpade'' in respect of Survey Nos.18, 19, 22, 23, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 162, 163, 164, 165, 166, 167, 168, 169, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188 and 189, total area 49 bigha 6 biswa situated in Village Ghatampur, Tahsil and District Gwalior.

(3.) It is the case of the respondent No.1 that she was brought up by the testator when she was 10 years old and her marriage was also performed by the testator and out of love and affection, the testator had executed an unregistered ''Will'' on 04/04/2002. Although the order sheets of the Tahsildar, Tahsil Gwalior have not been placed on record, but it appears from the order dated 10/10/2002 passed by Tahsildar, Tahsil Gwalior (Annexure P3) that a public notice was issued but no objection was received from anybody. Accordingly, the respondent no.1 examined Aditya Patankar and Govinddas Bansal who are the attesting witnesses of the unregistered ''Will'' (Annexure P5). The statements of Patwari were also recorded by the Tahsildar, who stated that the above-mentioned survey numbers are recorded in the name of Vijay Singh Rao Mohite, in the Khasra Panchshala and accordingly, the Tahsildar, Tahsil Gwalior by order dated 10/10/2002 directed for mutation of the name of respondent no.1 on the basis of unregistered ''Will'' purportedly executed by Vijay Singh Rao Mohite.