- (1.) Heard Sri Triveni Shanker learned Counsel for the Petitioner, Sri Lalji Pandey who has filed caveat on behalf of the contesting Respondent and the learned standing Counsel for the Respondent Nos. 1 and 2.
(2.) The dispute relates to the succession over the land in dispute. The objections were filed before the Consolidation Officer and Savitri Devi claiming herself to be the daughter alleged that she had a Will in her favour. The Will was set up before the Settlement Officer which was disbelieved on several grounds including the ground that her original objection for mutation of her name no such Will had been referred to therein. The Will is an unregistered Will. It is alleged to have been executed in the premises of the Tahsil/Sub-Divisional Headquarters of the District. The executor was allegedly 80 years of age.
(3.) A civil suit had been filed against a third person by Yagnath and after his death a substitution application was moved by Savitri Devi where also she did not disclose the execution of the Will. The Consolidation Officer found that the Will was not proved but in view of the provision of section 171 of the U.P.Z.A.L.R. Act accordingly directed the recording of the name of Uma Shanker and his brother.;