RAMKALI Vs. BANMALI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 8/8/2013 passed by Board of Revenue in Revision No. 1302-1/08, thereby affirming the order dtd. 29/9/2008 passed by Additional Commissioner, Gwalior Division, Gwalior in case No. 274/2006-07/Appeal, by which the name of the respondents have been recorded in the revenue record on the basis of a "Will ".

(2.) The necessary facts for disposal of the present petition in short are that the husband of the petitioner, namely, Shivchanranlal had one half share in the agricultural land bearing survey nos. 1031 area 0.81 hectare, 1033 area 0.15 hectare, 1040 area 0.72 hectare, 1084 area 0.76 hectare total area 2.44 hectare situated in village Saloni Bhitari, Tahsil Bhander, District Datia. The husband of the petitioner died issue-less on 17/5/2006 due to illness. The respondents filed an application for mutation of their names on the basis of a "Will " purportedly executed by Shivcharanlal. The petitioner submitted her objection and claimed that she is the sole legal heir of deceased Shivcharanlal being his legally wedded wife and after considering the claim and objection of the parties, the Tahsildar by order dtd. 18/6/2007 passed in case No. 43/05-06/A-6 rejected the application filed by the respondents.

(3.) Being aggrieved by the order of the Tahsildar, the respondents preferred an appeal before the Court of SDO, Bhander, District Datia, which too was dismissed by order dtd. 14/8/2007 passed in Appeal No. 57/06-07/Appeal.