RAKESH SHARMA, J. - (1.) HEARD Sri Umesh Chandra Vishwakarma, learned Counsel for the petitioner and learned Standing Counsel for respondents No. 1 to 3.
(2.) A strange shocking story has been set out in this case by a sister and brother-in-law making strange endeavours at every stage to usurp the property of their own brother a 27 years old young man died on 12.3.97 in village Nayapurwa, Majra Bhadarah, Pargana Palia, Tehsil Lakhim-pur, District Lakhimpur Kheri. As per learned Counsel for the petitioner, she is elder sister of late Ram Kishun tenure holder upon whose land the petitioner has staked her claim on the basis of an unregis­tered Will prepared on 12.3.97. The three Courts had disbelieved the theory put forth by the petitioner. All the three Courts have recorded concurrent findings of fact that late Ram Kishun, who was the tenure holder had died on 9.4.97 leaving behind his wife Usha, who was deaf and dumb. It was borne out of record that she was le­gally wedded wife of tenure holder Ram Kishun, she gave birth to two male children one of them died and other one Jagdish, who was six years old at the time of death of his father Ram Kishun, is surviving. The petitioner has also set out the case that in fact Ram Kishun had married one Sheela, who had left her husband before his life­time to live with someone else. However, this fact is irrelevant to the present contro­versy. All the three Revenue Courts have placed reliance on following documentary evidence: - 1. Identity Card issued by Election Commission showing Sheela wife of Ram Kishun. 2. State Bank's discharge certificate. 3. The X-ray report of Asha Diagnos­tic Centre. 4. Village's electoral roll and Pradhan, Gram Panchyat Adhikari certifi­cate. 5. The order passed by the Sessions Court directing the police to lodge FIR against Jagdamba and Sri Krishna (Petitioner alleging herself sister and brother-in-law of tenure holder). 6. Death certificate issued by Gram Pradhan. 7. Kutumb/Pariwar Register of viallge showing Sheela wife of tenure holder. 8. Statement of Pradhan and other vil­lagers recorded at the time of spot inspection. 9. Police Station Officer Neem Gaon's report. 10. Revenue Rent Receipts in the name of Jagdish son of Ram Kishun (He was paying rent/Lagan).
(3.) THESE public documents show that Sheela was legally wedded wife of Ram Kishun tenure holder and they had a son Jagdish, who was alive at the time of death of Ram Kishun the tenvire holder on 12.3.97. Detailed findings have been re­corded by the Revenue Courts including Additional Commissioner Administration, Lucknow while dealing with the revision under section 219 of Land Revenue Act that the petitioner and her husband Sri Krishna were trying to usurp the property of his own brother and his wife and a physically challenged lady minor son Jagdish.;