JUDGMENT

Y.K. Sabharwal, J.-The question for determination in these appeals is about the validity of an ante-adoption agreement entered into prior to adoption between to be adopted son and the would be adoptive father after coming into force of the Hindu Adoption and Maintenance Act, 1956 (for short the Act ).

2. The question has arisen in a suit instituted by the appellant for partition in respect of properties mentioned in the Schedule to the ante- adoption agreement. Defendant No.1 is the adoptive father of the appellant and defendant No.2 is a forma/party being son of the appellant supporting his father. The appellant, in May, 1957, was brought by defendant No.1 and his wife to their house from the house of his natural parents. Since then, he was brought up by defendant No.1 and his wife. The wife of defendant No.1 also brought up her niece. Undisputedly, the ante-adoption agreement (Exhibit B-16) dated 14th March, 1962 entered into between the appellant (plaintiff) and defendant No.1 was executed when the appellant was a major. The execution and genuineness of Exhibit B-16 is not under challenge. The challenge is about the validity of Exhibit B-16 on the ground that it is hit