Hon’ble B. Amit Sthalekar, J.—Heard Sri Arun Kumar, learned counsel for the petitioner, learned Standing Counsel for the respondents No. 1 to 3 and Sri R.U. Ansari, learned counsel appearing for the respondents No. 6 to 11.

2. This writ petition has been filed by the petitioner challenging the orders dated 14.12.1978, 15.10.1979 and 10.12.1980 arising out of suit proceedings holding that the petitioner had 1/7 share in the joint family property.

3. Briefly stated the facts of the case are that there was one Mahasukh, who had two sons, Girwar and Bucha. Girwar had one son Deva. Bucha had also one son Nand Kishore. Deva was issue-less whereas Nand Kishore had 8 children including the petitioner, of which the petitioner was the eldest. Out of the 8 sons, one son subsequently died and thus there were only 7 sons.

4. The contention of the petitioner is that he was adopted by Deva about 66 years before filing of the suit and has lived separately from the family of the Nand Kishore for the last 66 years. The said Deva died in the year 1939 whereas Nand Kishore died in the year 1943. The respondents herein filed a suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the ‘Act, 1950) for declaration that they were co-tenants of the entire property and also claimed that Deva had died issue-less and that his share would devolve upon their father Nand Kishore and they were all co-tenants alongwith the defendant-petitioner-Ram Saran each having 1/7th share of the joint family property.

5. The petitioner-defendant in the suit claimed that his natural father was Nand Kishore but he was adopted by Deva about 66 years back and therefore, upon the death of Deva the ancestral property of Deva would devolve exclusively upon the petitioner/defendant and not upon Nand Kishore and thereafter, his sons, equally, treating the petitioner also to be a part of the family of Nand Kishore as one of the sons of Nand Kishore.

6. Before the first appellate Court the petitioner filed several documents relating to 1347F, 1356F, 1359F as well as the other documents to show that his name had been recorded in the Khewat as son of Deva alongwith the names of the plaintiffs/respondents as sons of Nand Kishore. Both Deva and Nand Kishore having equal share and in the records of ‘Sir’ he was throughout shown as son of Deva. His case further was that he had filed a suit for possession in 1951 and at that time Natholi, Nihal Singh, Kishan Singh and Uday Singh, sons of Nand Kishore were already major whereas Deputy, Hamvir Singh and Phal Singh @ Foran Singh were minor under guardianship of Natholi. In respect of Plots No. 5790/85, 5751/49, 5798M/0-3,580/84, 5805/71, 5806/51, 5808/71, 5809/92, 5862/62, 5819/42 the suit was decreed and also executed in Execution Proceedings No. 234. One suit was also filed by the plaintiffs/respondents for grant of share in the property in which Natholi, Nihal Singh, Kishan Singh and Uday Singh were shown as major and Deputy, Hamvir Singh and Phal Singh were shown as minor. In the Suit the petitioner Ram Saran was impleaded as respondent. It is also stated that thereafter a compromise was arrived at between the parties through their joint application dated 18.3.1952.

7. So far as suit giving rise to the present proceedings is concerned, the same was decreed by the trial Court holding that the petitioner had failed to produce any evidence that there was any Godnama or any other document to show that he had been adopted by Deva. The Court also held that the suit was not barred by provisions of Section 49 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act, 1953). Aggrieved by the order of the trial Court dated 14.12.1974, the petitioner preferred an appeal before the Additional Commissioner, Agra Division, Agra, who dismissed the appeal by his order dated 15.10.1979 and thereafter, the petitioner filed a second appeal before the Board o