SUDHIR KUMAR SAXENA, J. - (1.) THIS writ petition is directed against the order dated 16.01.2014 passed by Deputy Director of Consolidation, Lucknow, under Section 48 of Uttar Pradesh of Holdings Act (in short 'the Act'), allowing revision No. 382 of 2013 -14 (Ram Ji Lal vs. Asharfi Lal).
(2.) SHORN of details, brief facts of the case are that property, in dispute was recorded in the name of Buddha. After death of Buddha, property came to the name of Ram Vilas and after death of Ram Vilas, name of Smt. Ramdasa his mother was recorded. An objection was filed by Sri Krishna that after death of Ramdasa, name of Sri Krishna, Shatrughan and Asharfi be recorded. Asharfi Lal filed objection to the effect that Smt. Ramdasa had executed a will in his favour on 22.06.1986 as such, after her death, he became entitled to be recorded as tenure holder. Lakshmi Narayan and Kalicharan, the attesting witnesses proved the will.
(3.) CONSOLIDATION Officer vide order dated 24.03.2009, after striking out name of Sri Ram Vilas, directed entry in favour of Asharfi Lal on the basis of will dated 22.06.1986. Against the order dated 24.03.2009, an application was filed by Ram Ji Lal for setting aside the aforesaid order, same being ex -parte one. Consolidation Officer, vide order dated 30.04.2011 allowed the restoration application and recalled the order dated 24.03.2009.;