SWADESH KUMAR KATIYAR Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2011-9-398
HIGH COURT OF ALLAHABAD
Decided on September 02,2011

Swadesh Kumar Katiyar Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Amreshwar Pratap Sahi, J. - (1.) HEARD Learned Counsel for the petitioner.
(2.) ONE Smt. Batahso widow of late Ram Swaroop was the recorded tenure holder. The pedigree as can be reconstructed on the basis of documents on record is as follows: Ram Swaroop are three brothers, Bhagwan Deen, Dulare Lal and Ram Swaroop himself. Ram Swaroop was issueless and was succeeded by his wife who also died, where after two competing Wills were set up. One Will was set up by the son of Om Prakash petitioner herein, who is the grandson of Bhagwan Deen and the other competing Will has been set up by Mitthu Lal the uncle of the petitioner.
(3.) IT is therefore a contest between the nephew and uncle on the basis of two competing Wills. A third objection appears to have came forth from respondents 7, 8 and 9 contending that the order of mutation in favour of all the heirs recorded through PA -11 by way of succession should be maintained.;


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