- (1.) The only point involved in this writ petition is regarding interpretation of a Will executed by Late Laxmi Narain Srivastava on 27-2-1970.
(2.) During consolidation proceedings petitioner filed objections under Section 12 of U.P. Consolidation of Holdings Act before the Consolidation Officer, Ghazipur stating therein that the agricultural land situate in Ghazipur, which earlier belonged to Laxmi Narain Srivastava, should be recorded in favour of petitioner-applicant on the basis of the aforesaid Will.
(3.) Respondents 4 & 5 contested the proceedings and contended that even if the alleged Will was executed by Laxmi Narain Srivastava, it was confined to his agricultural land and the other immovable property situate in district Nainital. The Consolidation Officer, Ghazipur found that the Will appeared to have been executed. However, it held that the Will related to the immovable property of the testator which were situate in district Nainital and not to the agricultural land of the testator, which was situate in district Ghazipur. The Consolidation Officer, therefore, rejected the objection of the petitioner and directed the recording of the name of the contesting respondents in the revenue records after scoring off the name of the deceased tenure holder Laxmi Narain Srivastava. The Consolidation Officer passed the order on 27-3-1973. Appeal filed against the same by the petitioner was also dismissed by the Settlement Officer Consolidation, Ghazipur on 8-11 -1973. Thereafter, petitioner filed revision. The revision was numbered as Revision No. 113/11 of 1973. The Deputy Director of Consolidation, Ghazipur on 19-7-1974 dismissed the revision. Hence this writ petition.;