B. Amit Sthalekar, J. - (1.) Heard Sri K.S. Tiwari, learned counsel for the petitioners, Sri Harsh Vikram, learned counsel for the caveator-respondents no.4 and 5 and Sri Rakesh Pratap Singh, learned standing counsel for the respondents no.1 to 3. The petitioners no.1 to 4 and respondent no.4 are sons of late Mahavir Singh. The petitioners no.5 and 6 are sons of brother of Mahavir late Virendra Pal Singh. The petitioner no.7 is the widow of Virendra Pal Singh. Respondent no.5 is stated to be the nephew of late Mahavir Singh. Mahavir Singh died on 17.3.2014. Proceedings under Section 34 of the Land Revenue Act for mutation were initiated by the petitioners on the basis of succession. In the meantime respondent nos.4 and 5 filed their objections in the proceedings claiming that land in question was given to them by late Mahavir Singh through Will deed dated 19.10.2013. The trial court has allowed the mutation application under Section 34 of the Land Revenue Act and mutated the names of the petitioners as well as respondent no.4 on the land in dispute as heirs on the basis of Succession. The trial court has further held that respondent no.4 has not been able to prove the Will deed dated 19.10.2013.
(2.) Aggrieved by the aforesaid order the respondent nos.4 and 5 filed an appeal which has been allowed by the order dated 6.11.2015 and the order dated 30.7.2015 passed by the Tehsildar has been set aside on the ground that respondent no.4 has been able to prove the Will through the evidence of Rakesh Singh.
(3.) It is not in dispute between the parties that the seven petitioners and respondent no.4 are in possession over the plot in dispute. In the summary proceedings all that has to be seen is whether the claimants are in possession or not. It is a long settled proposition of law of this Court that in proceedings under Section 34 of the Land Revenue Act which are summary proceedings the Courts have no authority to pronounce upon the validity of the Will and that matter falls exclusively within the domain of suit. It is not in dispute between the parties that a suit has already been filed by the petitioners for cancellation of the Will deed dated 19.10.2013. Against the appellate order dated 6.11.2015 the petitioners are stated to have filed revision which has been dismissed by the order dated 28.9.2016. The Appellate court on 6.11.2015 has remitted the matter to decide the matter as fresh.;