1. This Civil Second Appeal is directed against the judgement and decree dated 31.12.1988 passed by the District Judge, Anantnag in Civil First Appeal against the judgement and decree passed by the Sub-Judge, Kulgam dated 28.2.1986 in COS titled Gulla v. Yaqoob Laway and others.

2. The matter relates to adoption under customary law. The parties are Muslims and the dispute between them is on the landed property left by one Ismail Laway of village Hanand, Tehsil Kulgam.

3. Gulla (Pisar parwarda) -- contesting respondent No. 1 (hereinafter referred to as the plaintiff) filed a suit for declaration against Yaqoob Pisar Ismail Laway and others in the court of Sub-Judge, Kulgam on 08.11.1974. The plaintiff alleged that he was the adopted son of one Ismail Laway while as Yaqoob -- appellant No. 1 and Mst. Hajira and others- appellant nos. 2 to 4 and proforma respondent No. 2 (hereinafter referred to as the defendant) were the issues of said Ismail Laway. Yaqoob was his son and the other defendants were his daughters. According to the plaintiff deceased Ismail Laway left landed property at village Hanand under Khewat Nos. 40/40 and 41/41 and trees under Khewat No. 18. He claimed that he was entitled to inherit alongwith the defendants was pisar parwarda of Ismail Laway and sought declaration for the same. The defendants denied his claim that he was the adopted son of Ismail Laway and asserted that the plaintiff had no right to inherit any portion of the property left by their father. In 1985 the plaintiff amended his suit and incorporated the relief of joint possession to the extent of half of the land left by Ismail Laway on the ground that he and Yaqoob Pisar Ismail Laway were only entitled to inherit the land left by Ismail Laway as rest of the defendants, who were daughters of Ismail Laway, had been married outside their house, as such under custom they were not entitled to any share in the property left by their father.

4. The trial court on the pleadings of the parties raised as many as seven issues in the case and after taking evidence of the parties ultimately decreed the suit on 28.2.1986. The trial court held as under:-

"Since court has recorded finding in favour of the plaintiff in respect of issue nos. 1,2 and 3, the necessary corrolory which follows there from is that plaintiffs suit is entitled to be decreed in its entirety. It is an admitted position in the case that plaintiff is in actual possession of six kanals of land out of total estate of deceased left by Ismail Laway. Accordingly, a declaratory decree is passed in favour of the plaintiff and against the defendants whereby the plaintiff is declared to be pisar parwarda of deceased Ismail Laway and as such he alongwith defendant No. 1 Yaqoob Laway is entitled to + share each as owners in the estate left by deceased Ismail Laway comprised under khewat nos. 40/40,41/41 and 42/42 and trees standing the suit land under Khewat no; 18 a village Hanand Tehsil Kulgam. Also a decree for joint possession to the extent of one half share is passed in favour of the plaintiff and against the defendant in respect of the suit land. In the circumstances of the case there shall be no order to costs. File to go the records."

5. Issue No. 1 which related to the factum of adoption of the plaintiff was main issue in the case. While adjudicating upon the issue the trial court found that although the plaintiff had not led unimpeachable evidence on the factum of adoption but he has succeeded in proving that he had all along been treated as a member of the family and hence by applying the doctrine of estopple by conduct the defendants cannot be permitted to challenge the status of the petitioner as pisar parwarda. The trial court in this behalf observed as under:-

"...In the instant case it is an admitted position that there is a custom prevalent in the village by virtue of which a person can be taken into adoption. From the consideration of evidence on record it is also proved that plaintiff was

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