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Ram Naresh v. D.D.C. And Others - WRIT - B No. 37240 of 2007 [2007] RD-AH 13916 (13 August 2007)


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Civil Misc. Writ Petition No. 37240 of 2007

 Ram Naresh


Deputy Director of Consolidation, Mirzapur and others

Hon'ble Krishna Murari, J.

Heard Sri O. D. Malviya, learned counsel for the petitioner.

On death of recorded tenure holder Lal Chand, petitioner filed an objection claiming mutation of his name on the basis that he was daughter's son of the deceased tenure holder. All the three courts have concurrently recorded a finding that petitioner has failed to prove the said fact. The findings of courts below are based on the statement made  by the petitioner  himself. It was stated by him that his father Ram Nandan had two wives. First marriage was solemnized with Ram Dei daughter of deceased recorded tenure holder and two daughters were born out of the said wed-lock and  after death of Ram Dei he remarried and the petitioner is son of second wife. The courts below on the strength of the aforesaid statement made by the petitioner rightly held that he could not inherit the property of the deceased. The findings recorded by the courts below being based on the statement made by the petitioner himself, there is no scope for interference in the impugned order.

Writ petition accordingly fails and is dismissed.



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