SUJOY PAUL
Rajalal – Appellant
Versus
Komal Singh – Respondent
1. The petitioners by invoking jurisdiction of this Court under Article 227 of the Constitution has challenged the order of Additional Commissioner, Gwalior dated 25.6.2010 (Annexure P/2) and also the order of Board of Revenue (Board) dated 3.4.2012 (Annexure P/1).
2. The case of the petitioner is that the land at survey No. 211/1 situated in village Barkheda, Tahsil and District Ashok Nagar was owned by Janak Singh. Janak Singh was the “Bhoomiswami” of the said land. Janak Singh was unmarried and therefore, had no issues. It is projected that Chhogi Lal, father of the present petitioners, was residing with said Shri Janak Singh. Chhogi Lal was taking care of Janak Singh, therefore, Janak Singh executed a Will dated 26.1.1998 in favour of Chhogi Lal. After the death of Janak Lal, Chhogi Lal prefered an application for mutation on the basis of said Will. The application was preferred before the Gram Panchayat. The Gram Panchayat by its resolution No.1/25.2.2004 sent the matter to Tehsil Court. Application was sent to Tahsil Court because the mutation was disputed. At this stage, Chhogi Lal preferred second application before Tahsildar which was registered as case No.14/A-6/ 200
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