JUDGMENT

Kapadia, J.-This is an appeal by special leave filed by the original defendant No. 3 against the judgment and order dated 27th July, 1998 passed by the High Court of Karnataka in R.S.A. No. 1452 of 1995, by which suit No. 36 of 1988 filed in the Court of Munsiff, K.R. Pet stood decreed.

2. The undisputed facts giving rise to this civil appeal are as follows:-

Nagegowda (since deceased) filed the title suit in the Court of Munsiff, K.R. Pet (hereinafter referred to for the sake of brevity as "the trial Court") seeking a declaration that he was the adopted son of Smt. Sannananjamma (defendant No. 1) and an absolute owner of the suit property based on the deed of adoption-cum-settlement dated 12.7.1984 (Ex.P1). In the said suit, the deceased plaintiff contended that defendant No. 1 had adopted him about 23 years back in accordance with the then prevailing customs as she had no son. That since adoption he lived in the family of defendant No. 1 looking after the suit property. In the said suit, the plaintiff relied upon Ex.P1 executed by defendant No. 1. Under Ex.P1, the earlier adoption was confirmed and the suit property was stated to have been given to the plaintiff. It was all