( 1 ) ONE Kashi Das died. Ramdeo Das, claiming to be the Chela of Kashi Das, made an application under Section 192 of the Succession Act in the Court of the District Judge of Banaras and alleged that the opposite-party Baijnath Das was threatening to take wrongful possession of the property which consisted of two houses. The applicant further alleged that the deceased had left a will in his favour. The applicant also alleged that the deceased Mahant Kashi Das had executed a will on 13-2-1908, in favour of his Chela Ram Saran Das who, in his turn, had executed another will dated 9-2-1926, in favour of Kashi Das. It was further alleged that Kashi Das also had executed a will in favour of the applicant, Ramdeo Das, before his death. Before taking proceedings under Section 192 the learned District Judge issued notice to Baijnath das. Baijnath Das filed various objections and claimed that the application under Section 192 of the Succession Act did not lie. The learned District Judge after having disposed of the preliminary points fixed 19-4-1950, for final orders. The operative portion of the order passed by him is as follows:

"the preliminary requisites having been satisfied