1. :- The substantial questions of law springing for consideration in this appeal are as to whether Mohammedan Law permits adoption? If the answer to the question is in the negative, whether any custom recognising the adoption is valid?

2. These questions arise in the circumstances set out below:-

(i) The appellants herein are the legal representatives of Mst. Bivi wife of Shri Gulab Khan and daughter of Shri Mohd. Ali (hereinafter referred to as the defendants) filed an appeal against Shri Sayed Ali, as represented by his legal representatives, joined in the array of the cause title for he too had died during the pendency of the proceedings before the courts below (hereinafter referred to as the plaintiffs), this appeal impugnes the judgment and decree dated June 1, 1990 of the learned Additional District Judge No. 6 Jaipur City whereby the judgment and decree dated December 17, 1972 of the Munsif Jaipur City (East) were dismissed.

(ii) The defendant No. 2, 3 and 4 are proforma had been impleaded in the suit by the plaintiff on the ground that at the instance of Mst. Bivi (defendant) they were intending to make pakka constructions on a portion of vacant land, a part of the s