BHANWAR LAL Vs. BOARD OF REVENUE, RAJ. AJMER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the judgment dated 11/11/1997 passed by the Board of Revenue, Rajasthan, Ajmer, whereby, the second appeal filed by the respondent No.2 - Smt. Champa Devi has been allowed and the order dated 22/11/1995 passed by the Addl. Divisional Commissioner, Bikaner has been set aside.

(2.) The petitioner is the grandson of Balu Ram and respondent No. 2 Smt. Champa Devi and respondent No.3 - Smt. Bhikhi Devi are daughters of Shri Balu Ram. The present dispute pertains to the legacy of said Balu Ram. It is submitted that Balu Ram executed a registered Will dated 20/5/1987, whereby, the property held by him was bequeathed to Smt. Hulasi Devi, his wife, and two daughters Smt. Champa Devi and Bhikhi Devi.

(3.) Whereafter, another Will dated 29/6/1989 was executed bequeathing the property to his wife and two daughters. It is claimed that another Will dated 18/2/1991 was executed by Balu Ram and this time he bequeathed the property in favour petitioner - Bhanwar Lal, his grandson and four days after executing the Will dated 18/2/1991, on 22/2/1991 Balu Ram died. Whereafter, Smt. Bhikhi Devi filed an application for mutation of the agricultural land in favour of legal representatives of deceased Balu Ram; Bhanwar Lal also filed an application based on the Will in his favour and also produced certain agreements executed by the deceased Balu Ram and Smt. Hulasi Devi w/o Balu Ram indicating Bhanwar Lal as their successor. Notices of the application were issued and after all the parties made their representation, relying on several documents, Wills and so called agreements, the Tehsildar by his order dated 3/4/1993 came to the conclusion that as the Will dated 20/5/1987 was registered, the same was valid and ordered that the mutation proceedings be carried out based on the said Will.