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2015 Supreme(All) 2567

RAM SURAT RAM (MAURYA)
Banshraj – Appellant
Versus
Dy. Director of Consolidation, Basti – Respondent


Advocates Appeared:
For the Appellant : Tripathi B.G. Bhai
For the Respondents: C.S.C. and D.K. Srivastava

JUDGMENT

Ram Surat Ram (Maurya), J.

1. Heard Sri Tripathi B.G. Bhai for the petitioners and Sri R.C. Singh alongwith Sri D.K. Srivastava for contesting respondents-2 and 3. The aforementioned writ petitions have been filed against the orders of Deputy Director of Consolidation dated 7.1.2015, allowing the revisions of respondents-2 and 3 and setting aside orders of Settlement Officer Consolidation dated 29.4.2014, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

2. The dispute between the parties is in respect of inheritance of properties of Ram Harakh. The petitioners are brothers' sons of Ram Harakh while Smt. Rajwanta (respondent-2) is widow of Ram Harakh and Uma Shankar (respondent-3) is the daughter's son of Ram Harakh. The petitioners derive their title on the basis of Will dated 21.2.1983, allegedly executed by Ram Harakh in favour of Rameshar, Muniram and Ram Chandar, (now represented by the petitioners). Smt. Rajwanta, (respondent-2) denied execution of the Will dated 21.2.1983 and claimed that after death of Ram Harakh, she inherited share of Ram Harakh in the land in dispute. Uma Shankar (respondent-3) derives










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