Prakash Krishna, J. - (1.) KAMLA Prasad, Raj Bahadur and Jai Bahadur were the sons of Umesh Singh, they were brothers.
(2.) RAJ Bahadur died issueless on 27.9.2002. The dispute in the present writ petition is confined to the succession of the estate i.e., the agricultural land left by Raj Bahadur. The petitioners are the sons of Jai Bahadur while the contesting respondents are sons of other brother Kamla Prasad. Jai Bahadur set up a Will dated 13.9.2002 and the respondents herein set up Will dated 15.9.2002, both allegedly executed by Raj Bahadur in their favour. These two Wills were produced by the respective parties before the Consolidation Officer in support of their respective cases for recording of their names over the land in dispute, left by Raj Bahadur. It appears that there was a compromise between the parties which was verified by the Consolidation Officer accepting that in the place of deceased Raj Bahadur, the names of all the parties be recorded.
(3.) THE said compromise was taken on record by the order dated 15.9.2005. The Consolidation Officer found that Raj Bahadur's condition was very critical on 13.9.2002 and he was hospitalized on 14.9.2002 at Varanasi. He was thus not in a position either to execute the Will on 13.9.2002 as was set up by Jai Bahadur Singh, (father of the petitioners) nor he could execute the Will deed dated 15.9.2002, set up by the contesting respondent Nos. 4, 5 & 6. The Consolidation Officer, therefore ordered that the devolution of the property of deceased Raj Bahadur shall take place under the general rule of succession i.e.. equal shares between two branches of Kamla Prasad and Jai Bahadur as prescribed under section of U.P.Z.A. & L.R. Act. The petitioners herein carried the matter in two appeals before the Settlement Officer of Consolidation which were dismissed by the order dated 7.8.2006 and these orders have been confirmed in two revisions by the Deputy Director of Consolidation by the impugned order dated 27.6.2007.;