N.N. Mathur, J.-This special appeal is directed against the Judgment of the learned Single Judge dated 111.2002 refusing to interfere with the order of the Board of Revenue directing the trial Court to frame specific issue about the prevailing of custom of adoption amongst Muslims of Tara Nagar and decide the same after giving opportunity to both the parties for leading evidence regarding the issue and decide the same afresh in the suit filed by the 4th respondent Jayan Mohd. in the year 1972.

2. The following pedigree table will assist in understanding the facts of the case:-

Pahada I I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I I

Maula Bux Nang

I I - - - - - - - - - - - - - - - - - - - - - - - - - - - -

I I I I I I I I

Jayan Mohd. Rukandeen Kamardeen Sher Mohd

Phada had two sons namely Maula Bux and Nanag. Maula Bux had five sons namely Jayan Mohd. plaintiff , Rukandeen, Sher Mohd., Kamardeen and contesting defendant Allahdeen. The appellants are the legal representatives of Allahdeen.

Maula Bux died in Samvat Year 2027 and therefore, the 4th respondent Jayan Mohd. filed a suit in the Court of Assistant Collector, Rajgarh for partition of t