POONAM SRIVASTAV, J. - (1.) LIST is revised. Counsel for the petitioners is present. None present for the respondents.
(2.) COUNTER and rejoinder-affidavits have been exchanged. At the stage when the writ petition was filed initially, this Court was of the view that the petition should be decided at the stage of admission itself. I proceed to hear the writ petition finally under the Rules of the High Court. The dispute in the instant writ petition revolves in respect of plot Nos. 82 and 85 in village Ram Nagar, pargana Sikandra, tehsil Phoolpur, district Allahabad. The petitioners are sons of Kallu. By means of a Will dated 27.8.1998, which was registered one, Kallu bequeathed his house at Sahason to Sri Lal Chandra. The entire property save the house situated at Sahason crossing was equally divided between Bhola Nath and Ram Chandra. This Will was subsequently cancelled by another registered Will dated 18.8.1999 which was made in presence of two witnesses. On perusal of the recital of the Will, it transpires that Kallu had stated that Lal Chandra was not taking his care whereas Ram Chandra and Bhola Nath were taking his care in his old age, therefore, he bequeathed the house at Sahason Chauraha to his Nati (grandson) Prem Chandra son of Panna Lal and Smt. Kewala daughter of Sri Kallu. The remaining property was given equally to Ram Chandra and Bhola Nath. The Will is brought on record of the instant writ petition. Kallu had landed property, i.e., plot Nos. 82 and 85 in village Ram Nagar, pargana Sikandra, tehsil Phoolpur, district Allahabad and chak Nos. 31 and 32 in village Kandi, pargana Jhunsi, tehsil Phoolpur, district Allahabad.
(3.) AN application was moved for entering names of the petitioners on the basis of the Will dated 18.8.1999 in place of Kallu. Objections were preferred by respondent Nos. 4 and 5 which were rejected. Copy of khataunt of village Ram Nagar 1409 to 1414 fasli is Annexure-3 to the writ petition. Kallu expired on 14.10.1999 but prior to his death, he had executed a sale deed on 31.8.1999 in favour of Ram Rati Devi wife of Lal Chandra and Smt. Shyama Devi wife of Bhola Nath. Thus, the claim of the petitioners is that Kallu had revoked the legacy in favour of grandson Prem Chandra. Smt. Savitri Devi claimed 1/4th share of the entire property of Kallu at village Kandi and Will was produced allegedly executed by Kallu which was an unregistered Will dated 3.9.1999, copy of which is Annexure-5 to the writ petition. Criminal proceedings were initiated in respect of the aforesaid forged Will.;