MEHTA J. :- This appeal arises out of the suit for declaration filed by the respondent-plaintiff against the appellant-defendant that the defendant is not the adopted son of deceased Maharaj Purshottamlalji Raghunathji of Junagadh. The suit was filed in the court of the Civil Judge, (S. D.) at Junagadh, where it was registered as long Civil Suit No. 115 of 1958. The learned trial Judge has decreed the suit and, therefore, the original defendant, who claims that he is adopted son to the deceased Maharaj Purshottamlalji Raghunathji has preferred this appeal.

2. Short facts of the case are as under. The parties to this suit are the descendants of Shri Vallabhacharya Maharaj, the original founder of Suddh Adwit Pushti Marg. He flourished in Vikram Samvat 1535 which is equivalent to 1479 A. D. The family of the parties is called Vallabhkul. It is an admitted position that the descendants of Shri Vallabhacharya Maharaj are working as Acharyas of various temples and Shrines in Gujarat and other places and are generally known as Goswamis, Acharyas or Maharajas. Their offices are known as "Gadia". These Goswamis are Vaishnavs by religion and they worship the idol of Lord Krishna.

3. One of these Gadis is at Junagadh. The last holder of Junagadh Gadi was late Shri Purshottamlalji Raghunathji, who has admittedly died on 11-9-55. The respondent-plaintiff, who is called Shri Vahuji Maharaj Shri Chandraprabha, is the widow of Shri Purshottamlalji Raghunathji. The record of the case reveals that after the death of Shri Purshottamlalji, there was some movement to bring someone else to the Gadi of Junagadh temple by adoption. The record further reveals that there was one Vrajnathlalji, who was carrying on some agitation against the plaintiff sometime after the death of Shri Purshottamlalji. Eventually this gentleman is found to have filed one suit against the plaintiff on 2-1-1947. That suit was registered as Civil Suit No. 2 of 1957. Ex. 59 is the certified copy of the plaint filed in that suit. The respondent- plaintiff filed written statement to that plaint as found at Ex. 61 wherein she is found to have admitted the fact that she has adopted the appellant-defendant as a son to her deceased husband Purshottamlalji.

4. It is an indisputable position that in the family of the parties there is a customary adoption whereby a widow can adopt a son even if he is an orphan.

5. The appellant-defendant is one of the sons of one Vrajnathlalji of Bombay. In this case one of the main witnesses examined by the appellant-defendant is witness Murlidharlalji. This Murlidharlalji is the eldest brother of the defendant. The defendant's father has died on 7-12-1952 while his mother had died on 12-1-1955. It is also an admitted position that the defendant and the deceased Purshottamlalji are the descendants of a common ancestor because the grand father of the defendant and the grand father of the deceased Purshottamlalji, were admittedly the real brothers. As stated above, the defendant lost both of his parents by the year 1955. His adoption is said to have taken place on 18th March 1956 and, therefore at that time he was an orphan.

6. The case of the defendant is that on 18th March, 1956 the plaintiff the widow of the deceased Purshottamlalji adopted him as per their family custom. At the time of the said adoption, some ceremony which is common to the family was performed. This ceremony consisted of making of a 'Tilak' on the forehead of the defendant in presence of the idol of Lord Vishnu, the putting up of an uparna (a piece of cloth) on the body of the defendant and making the defendant sit first in the lap of the plaintiff and then on the Gadi of deceased Purshottamlalji. After performing this ceremony, intimations thereof were also given to the devotees and other concerned persons. According to the defendant, this type of adoption which is customary in their family, is known either as "Goda Datta" or "Goda". The expression "Goda" in Gujarati language