- (1.) Heard Sri Jai Prakash Yadav, holding brief of Sri M.M. Salam, for the petitioner and Sri Alok Tripathi, for the contesting respondents.
(2.) The writ petition has been filed against the orders of Consolidation Officer dated 14.06.1990, Assistant Settlement Officer Consolidation dated 16.08.1994 and Deputy Director of Consolidation dated 15.05.2002, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties relates to inheritance of the properties of Heera Lal son of Lalta recorded in basic consolidation year khata 237 of village Jalimpur Maror, pargana Tambaur, district Sitapur. In basic consolidation year name of Sunder Lal (the petitioner) alone was recorded over the land in dispute. During partal Hardwari (respondent-4) and Hardei (respondent-5) raised dispute for recording their names also in khata in dispute. Initially the matter was compromised between the parties before Assistant Consolidation Officer, who by order dated 13.09.1979 directed for recording the names of Hardwari and Hardei (respondents-4 and 5) as co-sharers along with the petitioner in the khata in dispute. The petitioner filed an appeal from aforesaid order, which was allowed by Settlement Officer Consolidation, by order dated 04.08.1980 and the matter was remanded to Consolidation Officer for trial of the dispute between the parties. After remand, the petitioner filed an objection, claiming that Heera Lal executed a will dated 03.07.1957 of his share, in favour of his father Kewal as such after death of Heera Lal, his share was inherited by Kewal alone. The case was contested by Hardwari, who denied execution of the will and stated that after death of Heera Lal, his property was inherited by Kewal and Hardwari both as his heirs, being his brothers sons. Before Consolidation Officer, the petitioner filed unregistered will dated 03.07.1957 and examined himself as witness. Hardwari examined himself and filed various documents showing that other properties of Heera Lal jointly inherited by Kewal and Hardwari. Consolidation Officer, after hearing the parties, by order dated 14.06.1990, held that the petitioner did not file the will before remand of the case by order dated 04.08.1980. The petitioner did not examine the attesting witnesses of the will. Although on the will, thumb impression of Bindra, son of Dwarika, as witness has been mentioned but there was no actual thumb impression of the witness. Entire will, including the signatures of attesting witnesses and scribe were in one hand writing. On these findings, he disbelieved the will dated 03.07.1957. He further found that pedigree has been admitted between the parties. From other evidence it was proved that properties of Heera Lal were jointly inherited by Kewal and Hardwari. On these findings he dismissed the objection of the petitioner and directed for recording the name of Hardwari as co-sharer along with the petitioner in the land in dispute.;