Krishna Murari, J. - (1.) Heard Sri G.D. Misra, learned Counsel for the petitioners and Sri V.B. Tiwari, learned Counsel for contesting respondent Nos. 3 to 6.
(2.) The dispute relates to khata No. 53 of village Mahuari and khata Nos. 4, 5, 24 and 54 of village Ramawapur district Basti. Parties to the writ petition are related to each other by the following pedigree:- ...[VERNACULAR TEXT OMITTED]...
(3.) An objection was filed by Mst. Sunara (predecessor in interest of respondent Nos. 3 to 6) claiming rights in the khatas in dispute on the ground that the said khatas belong to her father who died 24 years back and the name of her mother Smt. Napali has wrongly been recorded though she had no right over the property in dispute nor she is in possession. The claim was contested by the petitioners. Before the Consolidation Officer the petitioners and Smt. Nepali entered into a compromise, according to which Smt. Nepali admitted the share of the petitioners to be 3/4th and her share l/4th. The compromise was contested by Smt. Sunara on the ground that after death of Smt. Nepali she would inherit the property and by means of the compromise her share has wrongly been reduced. The Consolidation Officer accepted the objection of Smt. Sunara and rejected the compromise and determined the share of the parties in accordance with the pedigree. Against the order of the Consolidation Officer the petitioners preferred an appeal. The appeal was decided by the Settlement Officer Consolidation vide order dated 31.7.1973. The Settlement Officer Consolidation found that the validity of the compromise has not been challenged on any ground and there was no reason to reject the compromise. The Settlement Officer Consolidation accepted the compromise and accordingly, determined the share of the parties. Smt. Sunara filed a revision against the order of the Settlement Officer Consolidation. Smt. Nepali is also stated to have joined in the revision. However, she subsequently filed an affidavit before the Deputy Director of Consolidation stating that she did not put her thumb impression on the vakalatnama or the memo of revision and had never engaged any Counsel. Smt. Nepali died on 21.5.1982. She is stated to have executed a registered Will dated 15.4.1982 in favour of the petitioners. Smt. Sunara also died on 5.8.1980 and was substituted by her legal heirs. The Deputy Director of Consolidation vide order dated 30.1.1985 allowed the revision and remanded the case back to the Consolidation Officer to decide the validity of the Will alleged to have been executed by Smt. Nepali.;