SINGH, J. - (1.) PANDIT Jandalal Sharma was a Railway employee He owned a House No. AMC No. 479/27, Johans Ganj, Ajmer. He was married to Smt. Shyama Devi Sharma. They had no issue. He died on 21. 3. 1974 and Smt. Shyama Devi Sharma died on 29. 4. 1978.
(2.) RESPONDENT Smt. Kumud Sharma is the daughter of Heera Lal who was the brother-in-law of Pandit Jandalal Sharma. The appellant is the grand-son of Pandit Jandalal Sharma. Smt. Kumud Sharma filed a petition under Section 276 of the Indian Succession Act, 1925 on 25. 5. 1978 for grant of a Probate stating that Jandalal Sharma had adopted her as his daughter in her childhood and subsequently executed a will on 11. 3. 1974. The appellant filed objection stating that Pandit Jandalal Sharma had neither adopted her as his daughter nor executed any will in her favour. It was a forged will. No probate could be granted in her favour. The appellant's case further was that he has been living since his childhood with Pandit Jandalal Sharma. He had an intention to adopt him, but on account of certain unavoidable circumstances, no formal adoption could take place in his life time. He had explicity expressed his intention to his wife Smt. Shyama Devi to adopt him as her son. Widow Shyama Devi in order to fulfil the wishes of her husband adopted the appellant on 15. 09. 1977. The adoption deed was registered on 17. 09. 1977. Thereafter, she executed a registered will also on 25. 1. 1978.
(3.) AFTER the death of Smt. Shyama Devi on 27. 4. 1978, appellant had filed a petition under Section 276 of the Indian Succession Act, for grant of Probate on 11. 5. 1978. The appellant's petition for grant of Probate was filed earlier than that of the respondent, but both the cases were not consolidated and were heard separately. Though, the respondent has filed the petition under Section 276 after filing of the similar petition by the appellant but her application has been disposed of first, granting her probate. Against that order, the present appeal has been filed. The respondent in order to prove the will, examined B. D. Gaur (AW-1) as attesting witness. She herself appeared as AW-2 to prove the execution of the will. Murlidhar was examined as AW-3 and Smt. Kanti Devi Sharma as AW-4. ;