- (1.) Leave granted.
(2.) Appellants and the respondent No. 3 (complainant) are co-sharers. Raghuvansh Tyagi, father of respondent No. 3, and Tika Ram Tyagi, father of Smt. Suman Devi were co-khatedars in respect of Khasra No. 59 having an area of 2.0920 hectares of land situated in village Bhangel Begampur, PS Phase II, Noida. Father of Respondent No. 3 and Suman Devi were having 3/16th share in the aforementioned khasra. According to the complainant, prior to 1997 a mutual agreement was entered into amongst the co-sharers, pursuant whereto, 2000 sq. yds. of lands was allotted for the purpose of residential house to each of the co-sharer. The complainant on his allotted land, allegedly constructed a house and started living there. He also said to have constructed 10 shops. Tika Ram Tyagi is said to have constructed two houses on 600 sq. yards of land and his sons also constructed pucca houses on the remaining 1400 sq. yds. of land in November 2006.
(3.) Tika Ram Tyagi executed a registered deed of sill on or about 24.2.1997 bequeathing all his moveable and immoveable properties in favour of his grand sons. Husband of Smt. Suman Devi, Anil Kumar is said to have signed the said Will as one of the attesting witnesses. On or about 1.8.2002, however, another Will was executed by Tika Ram Tyagi who had been suffering from throat cancer in respect of the same property in favour of Smt. Suman Devi. Appellant No. 1 Hira Lal was a witness to the said Will. It is stated that Suman Devi later on executed a Bainama in favour of Ashok Kumar Tyagi, younger brother of appellant No. 1 on the basis of the said Will. It stands admitted that in terms thereof Suman Devi got her name mutated in the Land Revenue Record on or about 26.9.2002. She, allegedly, sold nine shops in favour of Ashok Kumar Tyagi by reason of a Bainama dated 22.10.2002. Yet again she sold another shop on 23.10.2002 by reason of another Bainama in favour of Ashok Kumar Tyagi.;