(Rajiv Sharma, J.) - The present appeal is directed against the order passed by learned District Judge, Bilaspur dated 1st March, 2004 in Succession Petition No. 1/2003/2002.

2.Brief facts necessary for the adjudication of this appeal are that the predecessor-in-interest of respondents, Shri Sita Ram filed a petition under Section 276 of the Indian Succession Act, 1925 for grant of probate. It was stated that Smt. Santi daughter of Shri Hiru had been owner in possession of land described in Khata/Khatauni Nos. 38/38 and 37/37, Khasra No. 182/139, 17 and 96 as per jamabandi for the year 1996-97 situated in revenue estates Manan and Kanjuyota, Pargana and Tehsil Sadar, District Bilaspur. Earlier the property in dispute was owned and possessed by Shri Santu. He was brother of Smt. Santi. He died on 26.3.1983. After the death of Shri Santu, the land in dispute had devolved on Smt. Santi by succession. She executed the last and final Will Ex.P-XX of her estate in favour of Shri Sita Ram on 8.5.1984. After the death of Smt. Santi, Shri Sita Ram had become owner in possession of the land in dispute. The present appellant resisted the petition on the ground that Shri Sita Ram had become owner in possession of the land in dispute. The present appellant resisted the petition on the ground that Shri Sita Ram was not legal heir of Smt. Santi and she had not executed any Will in his favour on 8.5.1984. The learned District Judge, Bilaspur granted probate of the estate of Smt. Santi on the strength of registered Will Ex.P-XX in favour of Shri Sita Ram. The present F.A.O. is directed against order dated 1.3.2004.

3.Mr. Bhupinder Gupta, learned Senior Advocate has strenuously argued that order dated 1.3.2004 is not sustainable. He then contended that original Will dated 8.5.1984 was not annexed with the petition. He also contended that the petition was not maintained under Section 222 of the Indian Succession Act, 1925. He lastly contended that the learned District Judge has ignored the earlier Will executed in favour of Shri Chandu Ram by Shri Santu, Ex.D-X, dated 11.8.1980. Mr. Kapil Dev Sood has supported the order passed by learned District Judge.

4.I have heard the learned Counsel for the parties and perused the record carefully.

5.Shri Santu had died on 26.3.1983. His estate had devolved on his sister Smt. Santi by inheritance. She has executed Will in favour of Shri Sita Ram on 8.5.1984. PW-1, Shri Sita Ram has deposed that the land in dispute was owned and possessed by Shri Santu. His sister, Smt. Santi inherited the land after the death of Shri Santu. Smt. Santi was unmarried. She executed Will Ex.P-XX in his favour. This Will was registered with the Sub Registrar. He had earlier filed petition for probate which was permitted to be withdrawn on 7.12.1999. PW-2 Smt. Uma Gupta is Registration Clerk of the office of Sub Registrar. She has produced the original registration book. The Sub Registrar had attested and registered the Will Ex.P-XX as per registration book (Ex.PW-1/A). Shri Amar Nath is the deed writer. He has deposed that he was well conversant with the handwriting of Shri Harbans Singh, Deed Writer. The Will was scribed by Shri Harbans Singh, Deed Writer. He has died long back. PW-4, Shri Piar Singh is son of Shri Sukh Ram. Shri Sukh Ram has attested the Will. He has died in the year 1997. Shri Piar Singh has identified the signatures of his father. PW-6, Shri Roop Lal has deposed that his father Shri Balak Ram has died in the year 1995-96. Shri Balak Ram had attested the Will. Shri Roop Lal has identified the signatures of his father Shri Balak Ram on the Will. PW-5, Shri K.L. Bekta, Teshildar/Sub-Registrar had attested and registered the Will. He has deposed that Smt. Santi was identified by Shri Anant Ram, Superintendent before him. He personally knew Shri Anant Ram, Superintendent of the office of District Education Office.

6.Shri Nand Lal has appeared as RW-1. He had d