JUDGMENT

1. This is an appeal on behalf of the Plaintiff in an action of a somewhat novel description. The Plaintiff and the Defendant belong to the clan of Gayawals or families of priests employed by pilgrims at Gaya. The Plaintiff alleged that amongst the Gayawal community, there is a special practice which has prevailed from time immemorial for the adoption of a son. According to her case, when a Gayawal priest dies childless and is succeeded by his widow, as women cannot have their feet worshipped by pilgrims, the widow takes a son in adoption in order that he may get his feet worshipped by the clientele of her family for her own immediate benefit and ultimately for the benefit of the adopted son, who, upon her death takes by inheritance her estate as well as the estate of her husband. The Plaintiff further alleged that according to the practice and usage prevalent amongst the Gayawals a son so adopted may be dismissed for misconduct and replaced by another. On 26th January 1897, the Plaintiff took in adoption the Defendant, who was at that time, a married man 24 years of age and already a father. At the time of the adoption of the Defendant, a deed was executed by the Plaintiff