- (1.) Heard Sri Rishabh Kumar Singh, holding brief of Sri Markanday Singh for the petitioners and Sri B. Malik for the respondent.
(2.) The writ petition has been filed for quashing the order of Deputy Director of Consolidation (respondent-1) dated 09.03.2007, passed in proceedings under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to Chak Nos. 120 and 204 of village Gagor, tahsil Kairana, district Muzaffar Nagar, which was recorded in the name of Smt. Pushpa widow of Kabool Singh. On the death of Smt. Pushpa on 09.04.1994, Mohkam Singh (respondent-2) filed an objection (registered as Case No. 188/210) under Section 12 of the Act, for mutating his name over the land in dispute, claiming himself to be the adopted son of Smt. Pushpa and Kabool Singh. Umrav Singh and Zile Singh filed another objection for mutating their names claiming themselves as the real brothers of Kabool and alleging that Kabool Singh and Smt. Pushpa died issue less and inherited by them. Sarvind and Arvind sons of Shyam Singh filed an objection for mutating their names on the basis of a will dated 11.05.1986, allegedly executed by Kabool Singh. Satendra Kumar, Upendra Kumar and Devendra Kumar (the petitioners) filed an objection for mutating their names on the basis of a sale deed dated 20.09.1997, executed by Zile Singh in their favour, alleging that after death of Smt. Pushpa as issue-less, the property in dispute was inherited by Zile Singh, being brother of Kabool Singh. Now Umrav Singh, Zile Singh, Sarvind and Arvind are not contesting the matters as such details of their claims are not required to be noticed.;