N.H.BHAGWATI, J.

(1) THESE two appeals by special leave arise out of two separate proceedings, one under the U. P. Encumbered Estates Act, E. E. Act Case No. 11 of 1936 and the other a title suit, being Regular Suit No. 71 of 1938 in the court of the Civil Judge, Gonda in relation to a 10 annas share in the property left by one Bhaiya Baleshwar Datt Singh hereinafter referred to as the deceased.

(2) THE deceased died on 15/5/1933 leaving him surviving Bhaiya Girja Datt Singh, hereinafter referred to as Girja, the original Appellant, as his nearest collateral and heir. Bhaiya Gangotri Datt Singh, hereinafter referred to as Gangotri, was a remoter heir but claimed to succeed to the estate of the deceased under the terms of a will alleged to have been made and published by the deceased on 17/3/1928. Girja filed 29 applications for mutation of his name in place of that of the deceased in the Revenue courts in respect of the properties left by the deceased. Gangotri contested these applications on the basis of the said alleged will. All these cases were consolidated and the case with respect to the village Nagwa was treated as the main case. On 14/11/1933 three application