- (1.) Heard Sri R.D. Shahi and Sri Mohan Singh, for the petitioners and Sri P.K. Jaiswal, for the contesting respondents.
(2.) The writ petition has been filed against the orders of Settlement Officer Consolidation dated 12.02.2015, 21.05.2015 and Deputy Director of Consolidation dated 17.08.2015, 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 land recorded in basic consolidation year khatas-139 and 424 of village Newaria, khata-104 of village Fatuhapur and khata-86 of village Khaira Kalan, pargana Ekauna, district Bahraich (at present Shrawasti), which were recorded in the name of Jagdish Prasad son of Gaya Prasad. Buddhi Sagar and Prem Sagar (the petitioners) filed objections (registered as Case No. 22, of village Fatuhapur, Case No. 141, of village Newaria and Case No. 248 of village Khaira Kalan) under Section 9-A of the Act, for recording their names over aforementioned khatas, on the basis of registered will dated 25.07.1989, allegedly executed by Jagdish Prasad in their favour. Kripa Ram (now represented by respondents-3 to 7) (hereinafter referred to as the 'respondents') filed counter objections and contested the cases, denying execution of will dated 25.07.1989 by Jagdish Prasad and stated that after death of Jagdish Prasad, his three sons (including him) jointly inherited the land in dispute. He also filed an application before Consolidation Officer for framing an issue in respect of will. Initially Consolidation Officer rejected that application by order dated 27.05.2011. However, the order was set aside by Deputy Director of Consolidation and matter was remanded to Consolidation Officer to frame an issue in respect of will and try it also.;