Anjani Kumar Mishra, J. - (1.) HEARD Shri Pradeep Kumar Rai, learned Counsel for the petitioner and Shri M.D. Shekhar, learned Senior Advocate, who has appeared for respondent No. 5, the sole contesting respondent in this writ petition. This writ petition arises out of an objection under section 12 of the U.P. Consolidation of Holdings Act filed by the petitioners claiming on the basis of sale deeds executed in their favour by Ram Singari. The sale deeds were executed on 17.6.1978 and 2.5.1980. Several other mutation applications were also filed. However those mutation applications are not the subject -matter of this writ petition and, therefore, their details being irrelevant are not adverted to.
(2.) IN the basic year record chak No. 51 was recorded in the name of Ram Singari. It is the case of the petitioner that Ram Singari obtained permission from the Assistant Settlement Officer, Consolidation on 30.5.1978 and sold her first chak consisting of plot No. 805 in favour of the petitioners 5 to 9 on 17.6.1978. A second permission is alleged to have been obtained on 31.3.1980 and in pursuance thereof a sale deed was executed regarding plot No. 739 of chak No. 51 on 9.8.1980 in favour of the petitioners 1 to 4 and 10 to 13.
(3.) THE other objection under section 9 which is relevant for the purposes of this writ petition is the objection filed by the contesting respondent, claiming on the basis of a will dated 7.6.1977, said to have been executed by Ram Singari in his favour.;