Rajan Roy, J. - (1.) The proceedings before this court under Article 226 of the Constitution of India have arisen from the objections filed by the petitioner as also the contesting respondent under section 9-A(2), U.P. Consolidation of Holdings Act 1953 (hereinafter referred as 'Act 1953') claiming title over the land in dispute. The petitioner herein filed objections claiming title based on a Will said to have been executed by the recorded tenure holder as also seeking correction in the area of the Gatas forming part of Khata No.321 in Village Kamlabad Madholi, Pargana Mahona, Tehsil Bakshi Ka Talab, District Lucknow. The private respondents, who are the sons of the recorded tenure holder, claimed title on the basis of succession. They also objected to the claim of the petitioner herein on the ground that the Will was fraudulent, illegal and unreliable, no such Will was executed by their father in favour of the petitioner.
(2.) All the three lower courts of the Consolidation Officer (C.O.), Settlement Officer Consolidation (S.O.C.) and Deputy Director Consolidation (D.D.C.) have adjudicated the dispute in favour of the private respondents and have rejected the Will and the claim of the petitioner based thereon.
(3.) To encapsulate the facts of the case, a patta was granted by the Gaon Sabha in favour of Hasan (father of the contesting respondents) in respect of land forming part of Khata No.321 bearing Gata No.125/1 (0-2-5) and Gata No.1/9 (0-12-14) in the year 1976 (1383 F.). This is not in dispute. It is also not in dispute that Hasan was an employee of the petitioner and worked at his brick-kiln. Such lessees/patta holders as Hasan initially had only sirdari rights i.e. the property held by them was inheritable, except by testamentary succession in view of Section 170 U.P. Zamindari Abolition and Land Reforms Act 1950 (hereinafter referred as 'Act 1950'), but, could not be transferred. Subsequently, on account of amendments in the Act 1950 they acquired the status of Bhumidhar with non-transferable rights. During subsistence of the aforesaid Patta Hasan is said to have executed a Will in favour of the petitioner which was registered on 4.7.1991. Thereafter, in view of the changes in the Act 1950 vide section 131-B which was inserted in the Act by U.P. Act No.19 of 1995 with effect from 14.1.1995 Hasan became a Bhumidhar with transferable rights. This happened on 31.5.1997. This fact is also not in dispute. It is also not in dispute that after the closure of the brick kiln of the petitioner Hasan left for his native place Azamgarh and died there on 17.3.1999. It is also not in dispute that Hasan left behind three sons and his wife.;