Sureshwar Thakur, J.

This appeal stands directed against the impugned judgment of the learned District Judge, Hamirpur, Himachal Pradesh, whereby it allowed the appeal preferred before it by the plaintiff who stood aggrieved by the judgment and decree of the learned trial Court whereunder the latter dismissed his suit.

2. The facts necessary for rendering a decision on the instant appeal are that the suit by virtue of amended plaint, plaintiff had claimed a decree for declaration qua the suit land on the ground that the suit land was owned and possessed by Shri Govind, father of the plaintiff. The defendant when was of 13 days old was adopted as son by one Nihala in accordance with the agricultural custom of Tappa Dhatwal, District Hamirpur, and as such the defendant was brought up by his adoptive father Nihala being adopted son and had no legal right whatsoever over the suit land which was owned and possessed by Shri Govind, natural father of defendant and father of plaintiff. It was further pleaded that after the death of Govind, plaintiff is in cultivating possession of the suit land and defendant had virtually abandoned his right in the suit land on account of property