JUDGMENT

B.N. Agrawal, J.-These appeals by special leave have been filed by the heirs of defendant No. 1 Rajgopal (since deceased) against the judgment rendered by Karnataka High Court whereby judgment and decree passed by the first appellate court dismissing the suit have been set aside and those of the trial Court decreeing the suit restored.

2. The plaintiffs/respondents filed a suit for declaration of title in relation to the properties described in schedule appended to the plaint and for recovery of possession thereof. Their case, inter alia, was that one Moti Lal had two wives. From the first wife, he had a son Kishan Lal and from the second, son Goverdhan Das and the properties in question belonged to their joint family. Moti Lal and his brother Uday Ram belonged to Mantri family. In their community, there was a custom of adoption in Dwyamushyayana" form, according to which the person adopted would not sever his interest in the estate of natural parents and, at the same time, would acquire interest in the properties of adoptive father upon his adoption, provided there was an agreement between the natural father and the adoptive father to the effect that he will be conside