1. The facts giving rise to this Pull Bench are very few. Ganpati, who is the father of the plaintiffs, made an alienation of joint family property in 1936. At that time the joint family consisted of Ganpati and his son Maruti who was at that time a minor. Maruti left the joint family in 1942 as he was given away in adoption, but before the adoption took place the plaintiffs were born to Ganpati. The plaintiffs filed the suit to challenge this alienation and the trial Court held that the alienation was not supported by necessity. The trial Court also held that the plaintiffs were entitled to challenge the alienation and passed a decree in favour of the plaintiffs. In appeal the lower appellate Court concurred with the finding of the trial Court with regard to the necessity for the alienation, but on the question of the right of the plaintiffs it came to a contrary conclusion and dismissed the plaintiffs suit.

The matter then came in second appeal before Mr. Justice Gajendragadkar and Mr. Justice Vyas and they raised the two following questions and referred them to the Pull Bench, and the two questions are :

(1) Whether, under Hindu law, a son who is neither born nor adopt