JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree dated 04.01.2008 passed by the learned 1st Additional District Judge, Dumka in Title Appeal No. 10 of 2004/01 of 2007 whereby and where under, by the said judgment of reversal, the learned first appellate court has allowed the appeal and set aside the judgment and decree passed by the learned Sub-Judge-III, Dumka in Title Suit No. 31 of 1993 and in paragraph no. 4 at page no. 15 has held that the plaintiffs succeeded in proving that the actual ceremony of giving and taking of adoption did not take place in accordance with law in between the defendant no. 4 and the defendant nos. 1 and 2 in respect of the defendant no. 3 and the said deed of adoption obtained by defendant no. 1 by playing fraud and misrepresentation upon the defendant no. 4.

3. The case of the plaintiffs in brief is that the parties to the suit are Hindu by religion and are governed by Mithakshara School of Hindu law. The recorded tenant- Guli Mandal with his 1/3rd share of land was residing with his wife and four sons who all formed joint Hindu f