Ramaswami, J.

1. The sole question of law involved in this appeal is whether the adoption of Ado Rai by Babulal was valid in Hindu law.

2. It has been found by the lower appellate Court that Ado Raj was related to his adoptive father, Babulal, in the following manner. One Asha had two daughters, Lakho and Sampat Babulal is the son of Sampat. Lakho had a son, Nawab, who had a daughter, Tipno, and Ado Rai is the son of Tipno. The lower appellate Court has found that no valid marriage could hare taken place between Tipno in her maiden state and the adoptive father, Babulal, because they are within the prohibited degrees.

The lower appellate Court, therefore considered that the adoption of Ado Rai was invalid and, accordingly, decreed the suit in favour of plaintiff No. 3. It is also admitted in this case that the parties are Rajputs by caste.

3. In support of this appeal, learned Counsel on behalf of the appellant presented the argument that the adoption of Ado Rai by Babulal was legally valid and, in support of his argument, learned Counsel referred to the decision of this Court in Sri Ham V/s. Chandeshwar Prasad Narayan Singh, AIR 1952 Pat 438 (A). In that case it was held b