S.K. Singh, J. - (1.) By means of this writ petition, the petitioner has challenged the judgment of the Deputy Director of Consolidation dated 24.6.2003 (annexure 3) to the writ petition by which revision filed by opposite party has been allowed.
(2.) There appears to be no dispute about the facts which runs into a very narrow compass and therefore, they can be summarised.
(3.) The dispute is in respect to the land comprised in chak Nos. 52, 63 and 74 situated in village Rasoolpur, Pargana Ayashah district, Fatehpur which was recorded in the name of Sri Munni Devi widow of late Bansh Gopal. On the death of Smt. Munni Devi, two sets of objection/claim before the Consolidation Officer was laid, one by petitioner on the basis of registered will deed dated 17.5.1985 in her favour and other by opposite party on the basis of un registered will dated 18.11.1986. Smt. Munni Devi died on 2.12.1986. It is in the light of aforesaid two rival claim, parties led their evidence and went in trial. The Consolidation Officer on the basis of oral and documentary evidence accepted the claim of petitioner based on registered will deed and thus, allowed her objection by judgment dated 16.6.1988. The appeal filed by opposite party was dismissed by appellate authority by the judgment dated 16.11.2000. The registered will in favour of petitioner was accepted by appellate authority also. On taking up the matter to the revisional Court by the opposite party, the Deputy Director of Consolidation took the view that none of the will on the basis of which rival claim has been placed needs adjudication on merits as Smt. Munni Devi had no right to execute will and thus the property has been directed to go to the respondent being preferential heir in accordance with Section 171 of U. P. Z. A. & L. R. Act . It is thus the judgment of Deputy Director of Consolidation is under challenge at the instance of petitioner.;