This appeal has been preferred by defendant - appellant.

2. The plaintiffs had filed Title Partition Suit No. 4 of 1999 claiming their 1/3rd share in the suit property.

3. The case of the plaintiffs was that Bhual Ram and Ram Naresh Ram were the own brothers. The plaintiff no.1Sudeshwar Prasad Pandit was the son of Ram Naresh Ram. When the said plaintiff no.1 was aged about one year, Ram Naresh Ram died leaving behind his elder brother - Bhual Ram. After the death of father - Ram Naresh Ram, the plaintiffs' mother became sick and her health deteriorated day by day due to sorrow and grief, after the demise of her husband.

4. When the plaintiff no.1 was aged about two years, Bhual Ram was issueless. The said Bhual Ram approached the widow of Ram Naresh Ram, namely, Indra Devi, natural mother of plaintiff no.1Sudeshwar Prasad Pandit and had expressed his desire to take the plaintiff no. 1 in adoption as his son. Indra Devi agreed to the said proposal. The said Bhual Ram, thereafter, adopted the plaintiff no.1 after observing and performing all the religious and customary rites of adoption including giving and taking ceremony. The same was followed by Puja and the feast in presence