R. M. SAHAI, J. By this petition filed under Article 226 of Constitution of India Petitioners seek quashing of order dated 8. 4. 1980 passed by Deputy Director of Consolidation under Section 48 of Consolidation of Holdings Act (hereinafter referred as Act) in pursuance of direction issued by this Court on 28. 2. 1979 in Civil Misc. Writ Petition No. 3243 of 1975.

Prior to enforcement of consolidation, dispute had arisen between parties on 13. 5. 1969 in mutation proceedings on death of one Kalka (herein referred as testator) on 9. 4. 1969 in respect of his agricultural holding. Both parties based their claim on respective will in their favour. The mutating authority allowed the application of petitioner and rejected that of opposite party No. 2 (herein after referred as opposite party ). It held that will dated 26-1-1969 in favour of opposite party was forged. It was also found that he was not related to the testator. On the other hand the will dated 5. 7. 1966 in favour of petitioners was found to be genuine. The mutating authority found that testator was brother-in-law (Sarhoo) of petitioners. He resided with them and died also in their village at Solon in Madhya Pradesh.

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