- (1.) Heard Sri M.N. Singh, for the petitioner and Sri Anoop Mishra, for the respondent.
(2.) The writ petition has been filed for quashing the order of Joint Director of Consolidation (respondent-1) dated 24.10.1980, passed in Revision No. 562, Shital Prasad Vs. Ram Narain, arising out of title proceeding, under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to the land recorded in chak No.527 of village Shekhpur Rajmal, tahsil Jalesar, district Etah, which was carved in the name of Smt. Ram Pyari widow of Lekhraj. Smt. Ram Pyari died on 10.11.1977. Shital Prasad (respondent-5) (hereinafter referred to as the respondent) filed an application (registered as Case No. 80) under Section 12 of the Act for recording in his name over the land in dispute on the basis an unregistered will dated 08.07.1977, allegedly executed by Smt. Ram Pyari in his favour. Ram Narain Sharma (the petitioner) filed an application (registered as Case No. 2379) under Section 12 of the Act for recording in his name over the land in dispute claiming himself to be legal heir of Smt. Ram Pyari, being the sister's son of Lekhraj husband of Smt. Ram Pyari, the last male tenure holder.;