H.N. SETH, J.

1. Controversy in this testamentary suit concerns the estate of late Smt. Maud Flora Datt wife of late Sri E.E. Datt, who died issueless and intestate at Allahabad on 5-12-1980.

2. On May 5, 1981 Smt. Ethel Walters, sister of the deceased Smt. Maud Flora Datt (hereinafter described as Maud Datt) presented a petition (Testamentary Case No. 7 of J 981) before this Court praying for the grant of Letters of Administration in respect of the estate of the deceased, specified in Annexure-1 to the petition. According to her, Smt. Maud Datt had, apart from the Petitioner, left behind three brothers, two real and two half sisters as her next of kins. She came to know that Sri Ajit Datt, son of Sri E.E. Datt's brother Archibal Datt, had, claiming himself to be the adopted son of Smt. Maud Datt and her husband E.E. Datt, filed a suit in the Court of Munslf ChaiJ, Allahabad (Suit No. 898 of 1980)(Ajit Datt v. Snail Sirdar) praying for a mandatory injunction restraining the Defendants of that suit from changing or altering the shape of one of the properties comprised in the estate of the deceased, Smt. Maud Datt. According to the Petitioner there is no provision for adoptio