MITTER, J. : This is a plaintiff's appeal from a decree dismissing his suit for a declaration that he was the adopted son of one Rampratap Udhani alias Rampratap Agarwalla who died in the year 1940 and for possession of the estate of the said deceased. The plaintiff further claimed that an immovable property in Calcutta namely premises Nos. 1 and 2 Jagabandhu Boral Lane had been purchased by the said deceased in the benami of his wife Munia and that a deed of trust executed by the said Munia in respect of the said property was void. The learned trial Judge held against the plaintiff both on the question of adoption and on the question of benami purchase. The plaintiff has not pressed the appeal on the question of benami or the validity of the deed of trust and has limited the appeal to the sole question of adoption.

2. Rampratap Udhani came to Calcutta from the village of Ghatoa in Raj as than many years ago. He started a sweetmeat shop of premises No. 16, Mallick Lane at first renting a room in the said premises. His business seems to have prospered to such an extent that he was able to purchase the said property some years afterwards. He died in the year 1940 leaving behi