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2020 Supreme(All) 1128

SANGEETA CHANDRA
Anil Dutt Mishra – Appellant
Versus
Commissioner, Ayodhya Distt. – Respondent


Advocates Appeared:
For the Appellant : Angrej Nath Shukla
For the Respondents: C.S.C. and Pankaj Gupta

JUDGMENT :

Sangeeta Chandra, J.

1. Heard Sri Angrej Nath Shukla, learned Counsel for the petitioners, Sri Pankaj Gupta, learned Counsel for the respondent Nos. 3 to 5 and learned Standing Counsel appearing on behalf of respondent Nos. 1 and 2.

2. This petition has been filed challenging the order dated 19.12.2016 passed by the Naib Tehsildar, Masaudha, District-Faizabad (now Ayodhya) and the order dated 19.12.2018 passed by the Commissioner Ayodhya, Ayodhya Division, Ayodhya, in Revision No. 1796.

3. The facts relevant for deciding this case are being given herein below in brief.

4. One Ram Lakhan Mishra was the recorded tenure holder of the property in dispute. He had three sons, namely, Someshwar Dutt Mishra, Par-meshwar Dutt Mishra and Maheshwar Dutt Mishra. On 31.1.2002, Ram Lakhan Mishra executed a registered Will-deed in favour of Someshwar Dutt Mishra, Parmeshwar Dutt Mishra and Maheshwar Dutt Mishra and had also given 1/4 share to the sons of Parmeshwar Dutt Mishra, namely, Sunil Dutt Mishra and Anil Dutt Mishra, who were his grandsons. A copy of the registered Will-deed has been filed as Annexure-3 to the petition.

5. On 26.7.2007, Ram Lakhan Mishra died. The petitioners filed a

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