JUDGMENT :

R.R. Prasad, J.

1. Heard learned Counsel appearing for the parties. The aforesaid interlocutory application bearing No. 2514 of 2006 has been filed wherein prayer has been made to substitute Somri Oraon in place of deceased respondent No. 5, Sukra Oraon, who died during the pendency of hearing of the writ application as she being daughter-in-law of the deceased Sukra Oraon inherited the property of the deceased whereas the interlocutory application bearing No. 2703 of 2006 has been filed on behalf of Pyara Kachhap praying therein to substitute him in place of deceased respondent No. 5, Sukra Oraon, who died without leaving any lineal male descendents Gharjamai adopted into the house as a prospective son-in-law as the petitioner being nearest male agnate has inherited the property of the deceased as per the customs of Oraon.

2. Before adverting to the submissions advanced on behalf of the parties, the facts giving rise to this writ application need to be stated hereunder.

3. As per the case of the petitioner the then Ex-landlords Mahalia Pahan and Gosala Pahan settled the land in the year 1937 to one Chhedi Khansama through Hukumnama with Chaparbandi right, who came in posses