Ram Surat Ram (Maurya), J. - (1.) Heard Sri Anil Mehrotra and Sri Manish Kumar Nigam, for the petitioner and Sri Ajay Bhanot and Sri Shiv Kumar Singh, for respondents-7 to 9, 15 and 16.
(2.) The writ petition has been filed against the orders of Settlement Officer Consolidation (respondent-2) dated 24.09.2014 and Deputy Director of Consolidation (respondent-1) dated 23.02.2015, arising in title proceeding in U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties relates to the land recorded in khatas 52, 106 and 107 of village Dhimlauni, tahsil Mau, district Jhansi. In basic consolidation year, name of Moti Lal son of Bhaiya Lal was recorded over khatas 52 and 106, while names of Moti Lal son of Bhaiya Lal, Ram Gopal, Kishun Lal and Madan Gopal sons of Bal Mukund were recorded over khata 107. Moti Lal died on 06.05.1978. Ram Gopal and others (now represented by respondents-3 to 6, 12 and 13) filed an objection, under Section 9 of the Act, for recording their names, over all the aforesaid khatas. Kusma Devi daughter of Baldeo Prasad filed an objection for recording her name over the khatas in dispute and claimed 1/2 share in it. Narvada (now represented by the petitioner) and Rama (respondent-14), daughters of Moti Lal filed an objection for recording their names over the land in dispute in place of Moti Lal, on the basis of registered will dated 01.04.1977, executed by Moti Lal, in their favour. All the objections were consolidated and tried by Consolidation Officer, who by order dated 22.11.1979, held that Baldeo (father of Kusuma Devi) died in 1373 F. At that time, Kusma Devi was married as such his share was inherited by his brother Moti Lal. Moti Lal executed a gift deed dated 11.11.1970, in respect of 12-13 acre of land in favour of Ram Gopal, Kishun Lal and Madan Gopal sons of Bal Mukund, which was recorded in their names, in separate khata. The remaining land belong to Moti Lal, who executed a registered will dated 01.04.1977, in favour of his daughters Narvada and Rama. On these findings, objections of Kusma Devi daughter of Baldeo and Ram Gopal, Kishun Lal and Madan Gopal sons of Bal Mukund were dismissed and the names of Narvada, Rama (daughters of Moti Lal) and Gayatri Devi were directed to be recorded on the basis of will dated 01.04.1977.;