The judgment of the Board was delivered by:-

Honble Chowdhary Niamat Ullah- This appeal arises from a suit brought, by the appellant for possession of land measuring 82 kanals and 18 marlas detailed in paragraph 1 of the plaint, valued at Rs. 3,633 situate at village Akura Tehsil Anantnag and at Kothar. It is no longer in dispute that the plaintiff is the adopted son of one Vishnu Pandit The defendant is the latters daughter. The dcfendant claims the property under a will left by Vishnu Pandit which is dated 5th Poh, 1998. He died in Phagan, 1998. She had contested the suit on some other grounds but the only controversy now is whether the will validly bequeathed the property in dispute to the defendant. The Court of first instance, the Subordinate Judge Anantnag decreed the suit holding that the will of Vishnu Pandit was invalid as against his adopted son the plaintiff. The only ground on which his decision is based is " that Vishnu Pandit was not competent to alienate his property by a gift or otherwise after the adoption of the plaintiff and in the presence of his adopted son." He does not mention any ground of in competency on the part of Vishnu Pandit" to dispose of what on the

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