- (1.) Brahma Nand, petitioner, Prem Raj, respondent No. 2, Banarsi Dass, respondent No. 3 and Nand Ram (deceased) were four brothers. Nand Ram was the youngest one, who has died. The dispute is with regard to the succession and inheritance of the property left by Nand Ram. Nand Ram was serving in an educational institution at Hapur. The petitioner herein set up a Will dated 17th of November, 1976 allegedly executed by Nand Ram in his favour. Nand Ram expired on 10th of December, 1976 and the Will was got registered on 4th of January, 1977. The other brothers namely Prem Raj and Banarasi Dass disputed the alleged Will dated 17th of November, 1976 in a proceeding under section 12 of the Uttar Pradesh Consolidation of Holdings Act. The Consolidation Officer by his order dated 3rd of July, 1980 and the Settlement Officer of Consolidation by his order dated 24th of September, 1980 held that the Will of Nand Ram in favour of the petitioner is proved. These two orders/judgments were challenged in revision No. 2547 before the Deputy Director of Consolidation, Ghaziabad who by the impugned order dated 9th of July, 1981 allowed the revision on the finding that the petitioner herein could not explain the suspicious circumstances surrounding the Will in dispute.
(2.) Heard the learned Counsel for the parties and perused the record.
(3.) The learned Counsel for the petitioner submits that the finding recorded by the Deputy Director of Consolidation in rejecting the Will is vitiated. In support of the Will he submits that the testator was residing with the petitioner at the time of his death and he had made the petitioner's son, Yatindra Prasad as his nominee in the service record.;