K. P. Singh, J. - (1.) IN this writ petition the dispute is between two brothers. The contesting opposite party (opposite party no. 2) claims that his name may be recorded over the disputed property on the basis of a 'Will' executed by his father Sita Ram in his favour. On the death of aforesaid Sita Ram the petitioner had applied under Section 12 of U. P. Consolidation of Holdings Act for mutating the names of both brothers over the property of deceased Sita Ram, whereas the contesting opposite party Udai Narain Misra had set up 'Will' executed by his father in his favour.
(2.) THE Consolidation Officer and the appellate authority did not accept the genuineness of the 'Will' set up by the contesting opposite party. But the revisional authority has accepted the genuineness of the 'Will' in favour of the contesting opposite party, Udai Narain Misra, as is evident from the impunged judgment dated 17-5-1980. Aggrieved by the judgment of t he revisional authority aforesaid, the petitioner approached this Court under Article 226 of the Constitution. Learned counsel for the petitioner has contended before me that the revisional authority has patently erred in accepting the 'Will' as a genuine document. He has cited a large number of rulings mentioned in paragraph no. 8 (a) of the writ petition and has contended before me that the genuineness of the 'Will' set up by the contesting opposite party could not be accepted in view of the rulings mentioned in the aforesaid para 8 (a) of the writ petition.
(3.) THE second contention raised on behalf of the petitioner is that the 'Will' relied upon by the contesting opposite party was also in respect of 'Sirdari' plots, hence it was bad in law and could not be accepted as a genuine document. The third contention raised on behalf of the petitioner is that there was some evidence in the form of tape-recorded version, which threw doubt upon the genuineness of the 'Will' relied upon by the revisional authority while recognising the claim of contesting opposite party. But the same was not taken into account by the Consolidation authorities.;