Hon’ble Anil Kumar, J.—Heard Sri D.P. Dwivedi, learned counsel for the appellant, Sri H.N.B. Sinha, learned counsel for the respondents and perused the record.

2. The controversy involved in the present case relates to abadi land marked by letters Ka. Kha. Ga. Gha. And Ka. Ga. Cha. Chha. in the map attached with the paint, situated in village Barmauli Pargana Baraunsa, Tahsil and District Sultanpur.

3. Further in the instant appeal, the following pedigree is admitted between the parties :

DwarikaPrasad

Shivabadan Indar Umadutt Muneshwar

Nakched Ramjeet Ram Lakhan

(D.issuless) (D. Issueless) (Plaintif)

Bhagwat Badri

Mst. Rajdei @ Chhatanka Mst. Dhanraji @ Hurjhuda (D. issue less) (D. Issueless)

Jwala Pd. (D. Issueless) Sarvajit

Kunjbehari Shyambehari Ram Kumar Shiv Kumar

Parsnath Shambhnath

Kali Prasad Ram Charitra

Ram Newal Ram Milan Ram Newaj

Ram Bahore

4. It is also not disputed between the parties that the land in question belongs to Uma Dutt and after his death succeeded by his son Bhagwat and Badri thereafter by their widow Smt. Rajdei and Smt Dhanraji thus they are owner in possession of the aforesaid property respectively.

5. As per the case of the plaintiff, Smt Rajdei and Smt. Dhanraji had died as such plaintiff/Ram Lakhan being agnate/legal representative succeeded the house the land appurtenant to it and in possession.

6. In view of the said factual background, plaintiff-Ram Lakhan son of Muneshwar (brother of Uma Dutt), has filed a suit for declaration and permanent injunction, registered as regular suit 235 of 1982 in the Court of II Additional Munsif, Sultanpur. In the said matter, a written statement has been filed by defendant Nos. 1 to 3, namely, Ram Milan, Ram Newaj and Ram Bahore son of Ram Newal.

7. In the written statement, the pedigree has not been disputed and also not in dispute that house/land in dispute belongs to Uma Dutt thereafter the same belongs to Bhagwat and Badri and after their death came to Mst. Smt. Rajdei and Mst. Smt Dhanraji being their legal heirs /representatives. However, defendant in their written statement has pleaded that Mst. Smt. Rajdei and Mst. Smt Dhanraji executed a unregistered Will on 10.6.1972 of the property in question in favour of defendants No. 1 to 3 and since then they are in possession, settled with them under Section 7 and 9 of U.P. Z.A. & L.R. Act (U.P. Act No. 1 of 1961).

8. So far as defendant No. 4 to 6, namely, Ram Kumar, Paras Nath and Sambhoo Nath are concerned, they had entered into a compromise with the plaintiff.

9. The trial Court on the basis of material on record, documentary as well as oral evidences, namely, P.W. 1 Nand Kumar and D.W.-2 Ram Bahore came to the conclusion that land in dispute has been succeeded by plaintiff and further held that defendants have failed to prove their case that the land in question came to them by way of unregistered Will and also in regard to their case of adverse possession.

10. Accordingly by means of judgment and decree dated 12.12.1985 allowed the suit. Aggrieved by the said facts, defendants, namely, Ram Millan, Ram Newaj and Ram Bahore filed the appeal (Appeal No. 13 of 1986, Ram Milan and others v. Ram Lakhan and others).

11. Appellate Court/II Additional District Judge, Sultanpur while passing the impugned judgment given a finding that plaintiff cannot get property in dispute by way of inheritance as Nakchhed son of Muneshwar, brother of Uma Dutt, has three daughters, said facts has been admitted by him in his cross-examination as well as in respect to agriculture property which belongs to Mst. Smt. Rajdei and Mst. Smt Dhanraji, the same has been devolved in three parts and 1/3 share has been inherited by the plaintiff and other by defendants so they are being co sharer in respect to said immovable property, accordingly the appellate Court came to the conclusion that the relief as claimed by the plaintiff/appellant in the suit cannot be granted and held