R. K. PATRA, J.

( 1 ) DEFENDANT Nos. 4 and 6 are in appeal against the confirming judgment of the learned subordinate Judge, Anandapur decreeing the respondent No. 1's suit to the effect that Naguni Sa (defendant No. 3 - respondent No. 4) and not Ashoka (defendant No. 4 - appellant No. 1) is the adopted son of Kusei Sa.

( 2 ) THE case of the original plaintiff Bidyadhar (since dead) is that as Kusei Sa and his wife (widow) Arati Dei (defendant No. 2 and since dead) had no issue, they proposed to the plaintiff to give his natural son Maguni in adoption to them. The plaintiff accepted the proposal. Accordingly he and his wife gave Maguni in adoption to Kusei and Arati in accordance with the caste system. There was giving and taking ceremony on the 21st birth day of Maguni. After Maguni was taken in adoption, he continued to remain in the house of Kusei who got him admitted in the school and got educated. Maguni looked after their cultivation. On Kusei's death on 11-10-1981, he performed the funeral ceremony. Towards the end of October, 1981, Maguni claimed a share in the plaintiff's property alleging that defendant No. 5 Yudhistir Sa by influencing Kusei and his first wife Pata got