JUDGMENT

CHANDRACHUD, CJI. :— A deed of adoption is alleged to have been executed by one Mansaram on August 10, 1944, stating that he had adopted the appellant, Madan Lal. A suit to challenge that deed was dismissed by the trial Court. The learned District Judge, Jodhpur, confirmed the judgment of the trial Court but in Second Appeal No. 569 of 1965, a learned single Judge of the Rajasthan High Court set aside the judgment of the Courts below and decreed the suit. By this appeal by special leave, the defendant questions of correctness of the High Courts judgment dated April 30, 1969.

2. The principal point of controversy involved in the suit was whether Mansaram was in a fit state of mind when he executed the deed of adoption. This, substantially, is a question of fact but we find that the trial Court and the District Court wholly ignored the weight of preponderating circumstances on the record and allowed their judgments to be influenced by inconsequential matters. The High Court was, therefore, justified in reappreciating the evidence and in coming to its own independent conclusion on the basis of that evidence.

3. Earlier, Mansaram had allegedly executed another deed of adoption i