RANI BALA MISTR Vs. HAREKRISHNA MONDAL

JUDGEMENT

(1.) The respondent nos.1 and 2 are the sons and the appellant nos.1 and 2 as well as respondent no. 3 the daughters of Late Binod Mondal. The plaintiffs pleaded that the said Binod Mondal, who met his demise on April 28, 2009, had executed and registered a Will dated January 28, 2009, allocating his property amongst the plaintiffs and the defendants. On the strength of the Will, the plaintiffs initiated Revenue Case No.172 of 2009 and 299 of 2009 before the Tehsildar, Diglipur for mutation of the property. Accordingly, the land was mutated vide orders dated December 18, 2009 in RC No.230 of 2009, and vide order dated December 21, 2009 in RC No.172 of 2009 as well as RC No.229 of 2009.

(2.) Subsequently, the defendant nos. 1 and 2/appellants filed their objection to the mutation on January 06, 2010 and January 27, 2010 seeking a review of the order of mutation. The Tehsildar, upon hearing the parties, passed an order dated May 03, 2010 cancelling the earlier mutation by reviewing his earlier order and directing the property to be mutated in the joint names of all the legal heirs of Binod Mondal.

(3.) The plaintiffs/respondents, accordingly, instituted a suit bearing Title Suit No.5 of 2012 seeking a declaration that the purported Will dated January 28, 2009 is valid, a declaration of right, title and interest of the plaintiffs in the land and for cancellation of the mutation order dated May 03, 2010.