- (1.) HEARD Sri M.D. Singh Shekhar, Senior Advocate, assisted by Sri R.D. Tiwari, for the petitioner and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Yogesh Kumar Singh, for the respondent -1.
(2.) THIS writ petition has been filed against the orders of Sub -Divisional Officer/Assistant Collector (First Class), Ghaziabad dated 12.02.2008, dismissing Suit No. 24 of 2005 -06 filed by the petitioner and Board of Revenue U.P. dated 10.03.2014, allowing Second Appeal No. 53 of 2007 -08 and setting aside order of Additional Commissioner dated 29.08.2008, in the proceeding arising out of suit under Section 229 -B/176 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).
(3.) THE dispute between the parties is in respect of land of khata 81 (consisting plot 1102 area 1.599 hectare) of village Duhaee, pargana Jalalabad, district Ghaziabad. Smt. Katari Devi was last tenure holder of the land in dispute, who died on 24.12.1999. Smt. Urmila Devi (the petitioner) filed a mutation application (registered as Case No. 200 of 2000) under Section 34 of U.P. Land Revenue Act, 1901, for recording herself and Smt. Savitri Devi (respondent -2) as the heirs of Smt. Katari Devi on the basis of her unregistered will dated 11.12.1999. Naipal Singh (respondent -1) filed another mutation application (registered as Case No. 311 of 2000) under Section 34 of U.P. Land Revenue Act, 1901, for recording his name, as an heir of Smt. Katari Devi on the basis of her registered will dated 06.02.1996. Both the cases were consolidated and decided by Tahsildar, who by order dated 31.05.2005 accepted the will produced by Naipal Singh and directed for recording his name over the land in dispute. The petitioner filed an appeal (registered as Appeal No. 37 of 2004 -05) from the aforesaid order, which was dismissed by Sub -Divisional Officer by order dated 13.01.2006. Smt. Urmila Devi (the petitioner) filed a suit (registered as Suit No. 24 of 2005 -06) under Section 229 -B/176 of the Act for declaration and partition of her 1/2 share in the land in dispute. It has been stated by the petitioner that Smt. Katari was earlier married to Kishan Lal. From the bed -lock of Smt. Katari and Kishan Lal, Smt. Savitri Devi (respondent -2) was born. After death of Kishan Lal, Smt. Katari remarried to Sheeshpal (brother of Kishan Lal) and from the bed -lock of Smt. Katari and Sheeshpal, she was born. Smt. Katari executed her last will dated 11.12.1999 in favour of the petitioner and respondent -2 and died on 24.12.1999 and after her death, the petitioner and respondent -2 jointly inherited the land in dispute on the basis of will dated 11.12.1999. Earlier Smt. Katari executed a registered will dated 23.02.1980 in favour of Smt. Savitri Devi with understanding that Smt. Savitri Devi would give 1/2 share in the property to the petitioner, who is her younger sister. Later on Smt. Katari realized that it might be possible that after her death, Smt. Savitri would not give 1/2 share to Smt. Urmila Devi, then she asked Naipal to get the will dated 23.02.1980 cancelled and a fresh will be executed in favour of both the daughters. Although by the deed dated 06.02.1996, will dated 23.02.1980 was cancelled but Naipal Singh by committing fraud got another will dated 06.02.1996 executed in his favour, instead of in favour of two daughters of Smt. Katari. When the fraudulent activity of Naipal Singh came to the knowledge of Smt. Katari, then she executed her last will dated 11.12.1999, cancelling her earlier wills.;