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2019 Supreme(All) 1833

SANGEETA CHANDRA
Birendra Kumar Singh – Appellant
Versus
Commissioner Devi Patan Mandal,Gonda – Respondent


Advocates Appeared:
Rajendra Pratap Singh, Adv., Arvind Pratap Singh, Adv., M.A. Khan, Adv., V.D. Pandey, Adv.

JUDGMENT :

Sangeeta Chandra, J.

Heard Sri R.P. Singh, learned Counsel for the petitioners, Mohd. Arif Khan, learned Senior Advocate, assisted by Mr. M.A. Khan and Mohd. Aslam Khan, learned Counsel for the respondents.

2. The petitioners pray for quashing of the order dated 08.12.2017 passed by the Tehsildar, Tehsil- Colonelganj, District- Gonda, in the mutation proceedings and also the order dated 17.12.2018 passed by him on recall application as well as order dated 17.10.2019 passed by the Commissioner, Devi Patan Mandal, Gonda, thereby rejecting the revision.

3. It has been submitted by learned Counsel for the petitioners that one Sumiran Singh s/o Raghubir Singh, resident of Village- Basehiya, was un-married and the petitioners as well as Devendra Singh looked after him till his old age. In the last stage of his life, Sumiran Singh, out of love and affection, executed a will deed on 11.04.1984 in the name of petitioners and Devendra Singh. Thereafter, Sumiran Singh passed away on 13.04.1984. After the death of Sumiran Singh, the petitioners and Devendra Singh came into the possession over the property and filed the application for mutating their names on 17.09.1992. Since the proper

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