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2017 Supreme(All) 653

SUNITA AGARWAL
JAHAN SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Anil Kumar Aditya for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard learned counsel for the parties.

In the present petition, the petitioner is claiming his right over agricultural plots of Khata No. 518, 606, 607, 841 situated in Village Gahalau, Pargana Hasangarh, Tehsil Iglas, District Aligarh on the basis of a Will dated 6.7.2002 executed in his favour by the tenure holder namely Radhey Shyam. In the year 2007, the petitioner filed an application for correction of entries and mutation of his name in place of the recorded tenure holder Radhey Shyam on the basis of the aforesaid Will. The mutation application was rejected on 29.5.2009 on the ground the Will was an unregistered document, no right could be claimed by the petitioner on the basis on the said Will. The names of other successors already recorded in PA-11A have been retained as such. This order was challenged in revision, which was dismissed on 30.9.2016 and hence this writ petition.

2. The submission of learned counsel for the petitioner is that in the summary proceeding of mutation under the U.P. Land Revenue Act, 1901, correctness/validity of the Will could not have been examined by the Revenue Authorities. Moreover, the Will executed in



































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