K. N. Misra, J. - (1.) HEARD the learned counsel for the Gaon Sabha, Sri K. B. Garg and perused the impugned order passed by the Deputy Director of Consolidation. The sole question for consideration in this case is whether the will dead which was executed by the deceased tenure-holder Mulli Singh who died on 18-7-1977, will be operative. Learned counsel for the petitioner contended that at the time when the will deed was executed Mulli Singh was Sirdar and as such the will in question was invalid and inoperative. I do not find any substance in this argument.
(2.) IT is well settled that a will operates on the death of the executor. IT is not disputed that under Section 130 of UPZA and LR Act, as amended by U. P. Land Laws (Amendment) Act No. VIII of 1977, which came into force with effect from January 28, 1977, every Sirdar referred in clause (a) or clause (c) of Section 131, as 6tood before the amendment of the said Act No. VIII of 1977, became Bhumidhar with transferable rights. IT is further not disputed that Mulli Singh, who died on 18-7-1977, had acquired status of Bhumidhar with transferable rights under the provisions of the said Act. In this view of the matter, the will in question, which became operative upon the death of Mulli Singh, cannot be rejected on the ground that Mulli Singh was Sirdar at the time of execution of the will. The will in question, which has been held to be a genuine and validly executed document, became operative upon the death of the deceased tenure-holder Mulli Singh and on that date undisputedly he was Bhumidhar. In this view of the matter, I do not find any error of law has been committed by the Deputy Director of Consolidation in holding the opposite parties Nos. 2 and 3 to be entitled to the land in dispute on the basis of the will executed by Mulli Singh, the deceased tenure-holder. The land in question, therefore, did not vest in the State Government and neither the State Government nor the Gaon Sabha could claim it by rule of escheat. Mulli Singh had executed the will which validly became operative on his death. The writ petition, being devoid of merits, is dismissed in limini. This order will also govern the connected Civil Misc. Writ No. 12931 of 1981 State of U. P. v. Balwant Singh, which has been filed by the State Government against the same impugned order dated 31-12-1980 passed by the Deputy Director of Consolidation. Civil Misc. Writ No. 12931 of 1981 is also dismissed in limini being devoid of merits. --- Petition dismissed.;