D. M. PATNAIK, J.

( 1 ) THIS first appeal is against the judgment and decree of the Subordinate Judge, Talcher decreeing the plaintiff's suit for declaration of title and recovery of possession in respect of the disputed properties and further for declaration that defendant no. 3 is not the adopted son of defendant no. 1.

( 2 ) PLAINTIFF's case is, defendant No. 1 ramachandra and she herself are the successors of their father Khageswar. Khageswar had an elder brother and a younger brother named ' Baidhar and Sridhar respectively. Harihar, defendant No. 7 represents the branch of Baidhar. From the genealogy it is found ' that -Sridhar's 'son Adhikari is shown to have been adopted. The sons of Adhikari are defendants 5 and 6. It is claimed that, plaintiff is. deaf and dumb from birth and defendant No. 1 is an idiot having no mental stability. Taking advantage of this physical and mental deficiency, defendants 4, 5 and 7 possessed the suit lands till 1977. Defendant No. 1 through defendant no. 2 filed Title Suit No. 2 of 1976 in the court of Additional Munsif, Talcher to get back possession of the properties from the defendants. It is the further case that defendant No. 2 and others