Judgment

SUBBA RAO, J. : This is an appeal by special leave against the judgment and decree of the Judicial Commissioner at Ajmer dated October 27, 1953, confirming the judgment of the District Judge, Ajmer, and setting aside that of the Subordinate Judge First Class, Ajmer, in Civil Suit, No. 48 of 1944.

2. The following genealogy will be useful to appreciate the contentions of the parties :

It is not necessary to give the other branches of the genealogical tree. It will be seen from the genealogy that plaintiff Lakshman Singh s grandfather, Sobhag Singh, is defendant Moti Singh s paternal uncle. In the year 1923, Sujan Singh was aged about 70 years, and Moti Singh was about 50 years, and Moti Singh s wife, Rup Kanwar alias Rup Kanwar Bai, the respondent herein, who was subsequently brought on record in place of Moti Singh after his death, was abut 45 years old. Moti Singh had no son and, therefore, Sujan Singh was anxious to have a boy well-versed in vedic-lore to be adopted to his son Moti Singh to perpetuate his line. One February 14, 1923 the plaintiff was brought from his father s house to the house of Sujan Singh in Ajmer by one Hira Lal and left there. On March 28, 1923, the p