Judgment

Sujata V.Manohar, J.

(1) SINCE the parties before us have already settled their property dispute, the only question which is left for us to decide is whether the respondent Amaresh Sarkar in CivilNo. 2462 of 1977 was the duly adopted son of Chandan Bilasini Dasi, the original first plaintiff.

(2) CHANDAN Bilasini Dasi was married to one Kalikrishna Sarkar who died on 11/12/1905 leaving a Will under which, inter alia, he had authorised his widow, the original Plaintiff 1 to adopt a son and in the event of the adopted sons death, to adopt a second son. The adoption had to be made with the consent of the executors. Accordingly the first plaintiff had adopted one Sudhanshu Mohan Sarkar as per the directions contained in the Will of Kalikrishna. Sudhanshu Mohan Sarkar died in an unmarried state on 7/3/1965. Thereafter, she adopted the said respondent Amaresh Sarkar on 24/8/1965. By this time all the executors were dead. She also executed a registered deed acknowledging the adoption of Amaresh Sarkar which is dated 30/9/1965. This deed, however, was not counter-signed by the natural parents of the adopted child. The natural father executed a deed ackn