Ram Surat Ram (Maurya), J. - (1.) Heard Sri Pankaj Kumar Srivastav, for the petitioners and Sri A.K. Tiwari, for the caveator. This writ petition has been filed against the orders of Consolidation Officer dated 6.7.2011, Settlement Officer Consolidation dated 21.8.2012 and Deputy Director of Consolidation dated 16.7.2015, passed in the proceeding under Sec. 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) Dispute is for inheritance of the land of Smt. Chiraita Devi widow of Ram Sareeh of chaks 287 -Aa and 287 -Ba of village Ranveerpur, khatas 62 and 63 of village Dihula and khata 38 of village Kripal Kot, pargana Mohammadabad Gonna, district Mau, which was recorded in her name. After death of Smt. Chiraita Devi, Smt. Kamla Devi (respondent -4) (daughter of Smt. Chiraita Devi) filed an objection (registered as Case No. 483) under Sec. 12 of the Act, for recording her name over the land in dispute, claiming herself to be an heir of Smt. Chiraita Devi according to Sec. 171 of U.P. Act No. 1 of 1951. Smt. Kamla Devi stated that Kumari Devi and Kamla Devi were two daughters of Ram Sareeh, who had no male issue. Smt. Kumari Devi died during life time of Smt. Chiraita Devi. After her death she was only heir of Smt. Chiraita Devi. Consolidation Officer, by order dated 26.9.2007 allowed her objection and recorded her name over land in dispute.
(3.) Shardul Ranjan and others (the petitioners) filed an application dated 29.2.2008 for recall of the aforesaid order. The recall application was allowed by Consolidation Officer. Later on, the petitioners filed an objection dated 25.10.2008, for recording their names over the land in dispute, on the basis of an unregistered Will dated 16.5.2003, allegedly executed by Smt. Chiraita, in their favour. It has been stated by the petitioners that they were husband's brother's son's sons of Smt. Chiraita Devi. Husband of Smt. Chiraita Devi died long ago. Smt. Chiraita Devi had two daughters, namely Kumari and Kamla and both were married. Kumari had also died. Kamla was residing at her husband's house. Smt. Chiraita Devi was living jointly with them and they were looking after her, in her old age. Smt. Chiraita Devi voluntarily executed the Will dated 16.5.2003, in their favour in presence of the attesting witnesses. She died on 23.5.2003. They inherited the land in dispute on the basis of the Will. The name of Smt. Kamla Devi was wrongly mutated without any notice to them, by order dated 26.9.2007.;