K.N. Seth, J. - (1.) THIS appeal is directed against the order of a learned single Judge whereby he allowed the writ petition filed by Respondents Nos. 1 and 2 and quashed the order of the Dy. DC.
(2.) THE dispute relates to khatas which were originally recorded in the name of Pashupati Nath. He had two brothers - -Jagannath and Murlidhar. Rup Narain and Rama Kant are the sons of Murlidhar. Ram Chandra and Raghunath Prasad are the sons of the other brother Jagannath. In 1947 Pashupati Nath executed a will in respect of the properties owned by aim. He died in 1958. After his death the name of his widow Smt. Chandra Badna was mutated over the properties in dispute. Smt. Chandra Badna died in 161. The village came under consolidation proceedings in 1960. After the death of Smt. Chandra Badna, Ram Chandra and Raghunath Prasad filed, objections claiming that their names be mutated over the properties in dispute in] place of Smt. Chandra Badna. Rup Narain and Rama Kant also filed objections claiming that Pashupati Nath had executed a will in 1947 and under that will they alone were entitled to be recorded over the properties. Some other objections were alto filed but we are not concerned with them in the present appeal.
(3.) THE Consolidation Officer accepted the claim put forward by Ram Chandra and Raghuuath Prasad and directed that their names be also recorded along with the names of Rup Narain and Rama Kant in place of Smt. Chandra Badna. On appeal the Asstt. SO (C) affirmed the view taken by the C.O. Rup Narain and Rama Kant filed a revision before the DyDC who by his older dt. 15 -6 -63, allowed the revision and directed that the names of Rup Narain and Rama Kant alone would be mutated in place of Smt. Chandra Badna over the properties in dispute. The correctness of the decision of the DyDC was challenged by Ram Chundra and Raghunath Prasad in this Court and as mentioned earlier, a learned single Judge allowed their petition and directed that the names of the r Petitioners should also be mutated along with the names of Rup Narain and Rama Kant over the properties in dispute.;