Amreshwar Pratap Sahi, J. - (1.) HEARD learned Counsel for the Petitioner and Sri Faujdar Rai for the Respondent No. 5. The Respondent No. 6 is the mother of the Petitioner. In view of this, notice need not be issued to her at this stage.
(2.) THE dispute arise out of proceedings under Section 34 of the U.P. Land Revenue Act, 1901. Smt. Devraji the last tenure holder died on 25.1.2002. She was survived by two daughters, Respondent No. 5 and 6 respectively. The Petitioner being the son of Respondent No. 6 setup a registered will said to have been executed on 12.11.2001, contending that late Devraji had bequeathed the disputed land mentioned in the will to the Petitioner. The dispute arose on account of the fact that the Respondent No. 5 contested the will and also filed a civil suit for cancelling the will executed in favour of the Petitioner.
(3.) THE Petitioner sought mutation on the strength of the will whereas the contesting Respondent sought mutation in favour of both sisters to the extent that they were entitled in accordance with the succession as provided for under the Uttar Pradesh Zamindari Abolition and Land Revenue Act, 1950.;