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2011 Supreme(All) 999

RAJES KUMAR
RUP SINGH – Appellant
Versus
GOPAL PRASAD – Respondent


Advocates:
Counsel :
Rama Goel Bansal for the Petitioner; S.C. Pandey for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—By means of the present writ petition, the petitioner is challenging the order of the District Judge, Mathura dated 9.12.2010 by which he has allowed the revision filed by the respondent against the order of the Additional Civil Judge, Senior division, Mathura dated 9.8.2010 in Original Suit No. 439 of 2001, Gopal Prasad and others v. Mangi Lal and others.

2. The brief facts of the case are that Smt. Lalita Devi was the owner of the property in dispute. The said property was purchased by one Radha Govind by way of the registered sale deed from Smt. Lalita Devi. Radha Govind executed a will of the said property in favour of one Mangi Lal. Mangi Lal applied for mutation after the death of Radha Govind before the Tehsildar. The son of Radha Govind, namely, Gopal Prasad raised objection in the mutation proceeding on the ground that the will was forged. The Tehsildar allowed the mutation on the basis of the will and directed to enter the name of Mangi Lal in the revenue record in place of Radha Govind. After the mutation, Mangi Lal has executed a registered sale deed in favour of the petitioner, Rup Singh Chaudhary on 5.2.2003. The name of the petitioner











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