A.P. Sahi, J. - (1.) THIS is a writ petition arising out of two declaratory suits filed by the contesting respondents questioning the claim of the petitioner and also asserting their own independent claim for succession to the agricultural holdings of late Kanhai Ram. The name of the petitioner came to be mutated over the holding as the petitioner claimed himself to be the adopted son of late Kanhai Ram for which the petitioner also relied on a registered deed of adoption dated 28th October, 1976.
(2.) RAM Nath the father of the respondent nos. 6 to 8 claiming him self to be the sister's son of late Kanhai Ram filed a suit under Section 229 -B for a declaration that the said respondents being the closest collaterals/cognates entitled to succeed should be recorded as the tenure holders of the land in dispute. The respondent no. 9 late Bhagwan Devi now represented by her substituted heirs set up an unregistered will dated 16.10.1978 and filed her own suit seeking a declaration that she is entitled to succeed to the entire holding on the basis of the said unregistered will.
(3.) THE petitioner was a defendant in both suits filed by the respondents. The defence set up by the petitioner was on the strength of his adoption as mentioned hereinabove. The trial court framed issues and held that neither the respondents claiming succession had been able to prove their rights nor the will set up by the respondent no. 9 was proved and consequently dismissed the suits.;