Amreshwar Pratap Sahi, J. - (1.) HEARD Sri. A.K. Narain, Learned Counsel for the petitioner and Sri. Atul Sharma, Learned Counsel for the respondent No. 2 and the learned Standing Counsel for the respondent No. 1.
(2.) THIS petition has a chequered history relating to the claim of mutation over the holding of deceased Chhedi son of Veer as disclosed in the pedigree contained in paragraph 4 of the writ petition and to that extent having not been disputed in paragraph 5 of the counter -affidavit. There is a variance between the parties on the pedigree and the claim of succession. The petitioner Ram Vilas is the grand -son of one Nagesar. He claims succession through one Chhedi son of Gokula. According to the case set up by the petitioner in paragraph 4 of the writ petition, it is alleged that the petitioner succeeds under the said pedigree to the holding of late Chhedi son of Veer who died issueless and was a bachelor. This position of the pedigree was contested by one Smt. Muraiya who claimed succession through a Will which is said to have been executed and registered in her favour by late Chhedi son of Veer.
(3.) THIS claim of Smt. Muraiya was contested by Chhedi son of Gokula contending that Smt. Muraiya is the wife of one Narsing and she is not the widow of Chhedi son of Veer, nor Salhanti is her daughter.;