JUDGEMENT
S.N.SRIVASTAVA,J. -
(1.) THIS writ petition is directed against the order dated 5.2.2006 passed by Deputy Director of Consolidation, Banda Camp at Mahoba allowing revision setting aside order passed by Settlement Officer Consolidation, Mahoba dated 12.8.2002 and affirming order of Consolidation Officer dated 13.3.1991.
(2.) DISPUTE relates to Khata No. 163, 1213, 232, and 327 recorded in the name of Brij Rani widow of Devi Singh in the final consolidation record. Two sets of objection under Section 12 were filed, one by petitioners relying upon will dated 23.6.198l and other by contesting opposite parties who relied upon a will dated 22.8.1984. Both contesting opposite parties prayed for mutating their names on the basis of their respective wills. Consolidation Officer found will dated 22.8.1984 proved and passed an order on 13.3.1991 of mutation of contesting respondents as in place of deceased Smt. Brij Rani on the basis of the aforesaid will and Consolidation Officer further found will dated 23.6.1981 not proved.
Petitioner preferred an appeal which was allowed, Settlement Officer Consolidation found that will dated 22.8.1984 was not acceptable on various grounds including that death of Brij Rani had taken place on 1.8.1984 and she could not execute the will dated 22.8.1984. Settlement Officer Consolidation by reversing the order passed by Consolidation Officer directed that petitioners' name to be recorded as tenure holder.
(3.) DEPUTY Director of Consolidation reversed the order passed by Settlement Officer Consolidation and maintained the order passed by Consolidation Officer.;
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