( 1 ) THIS appeal is against the judgment in R. A. 51 of 46-47 On the file of the Subordinate Judge, mysore, dismissing the appeal filed against O. S. 331 of 1944-45 on the file of the Second munsiff, Mysore who had decreed the plaintiff-respondent's suit for declaration of title and for possession of the plaint schedule properties as prayed for.

( 2 ) THE case of the plain tiff-respondent is that the suit properties belonged to Channi-gegowda. His widow Thimmi alias Helavi took plaintiff's father in adoption and executed a registered deed to evidence the same. Helvi was defendant's father's sister and this is how plaintiff and his mother came to be, after the death of his father, under the protection of defendant's father. Helvi died while they were living with defendant's father who began to look after the properties for and on behalf of the plaintiff. After the death of the father of the defendant, the suit was instituted for declaration of plaintiff's title and for possession of plaint-schedule properties. The defendant-appellant admits that Helvi is his father's sister, but denies that she ever lived with him. Though the adoption is denied in the statement, it i