Ram Surat Ram, J. - (1.) Heard Sri M.A. Khan, Senior Advocate, assisted by Sri Mohiuddin, for the petitioner and Sri U.S. Sahai and Sri N.K. Seth, for the contesting respondents -3 and 4.
(2.) The writ petition has been filed against the orders of Naib -Tahsildar dated 07.04.2005 and 10.10.2005 and Additional Collector dated 28.02.2006, in mutation proceeding under U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).
(3.) The dispute between the parties is in respect of plot 491 (area 19 biswa, 16 biswansi, 6 kachwansi) of village Farrukhabad Chillawan, pargana Bijnore, district Lucknow, of which, admittedly, Raghubeer Prasad was last recorded tenure holder, who died on 09.04.1985. It is alleged that Smt. Shanti Devi (respondent -5) filed an application (registered as Case No. 56/287/94) under Sec. 34 of the Act, for mutation of her name over the land in dispute, on the basis of unregistered will dated 02.09.1984, allegedly executed by Raghubeer Prasad, in her favour. Naib Tahsildar allowed the mutation application, by order dated 02.12.1994.;