JUDGMENT

A. K. PARICHHA, J. : Both the appeals arise out of the judgment and decree passed by the learned Subordinate Judge, Aska in T.S. No.14 of 1974. The appellant in F.A. No.179 of 1983 was the plaintiff No.1 and the appellant in F.A. No.400 of 1980 was the defendant No.2 in that suit.

2. Plaintiffs’ case in essence was the defendant No.3, Chapadhar Sahu and Sridhar Sahu, husband of defendant No.1, were brothers and were living jointly. During the state of jointness, Sridhar died in or around 1933 whereafter his widow defendant No.1 also continued to live in jointness. When the matter stood thus, defendant No.1 adopted plaintiff No.1 in 1959 after per¬formance of necessary rites and ceremonies of adoption and there¬after brought him up, gave him education and got him married to plaintiff No.2. In the meantime, defendant No.3 and defendant No.1 effected partition of the family properties, wherein some lands and houses including the property described in Schedule ‘C’ of the plaint were given to the share of defendant No.1 and her adopted son. Defendant No.1 out of affection executed a will on 10.7.1964 in favour of plaintiff No.1 bequeathing the properties in Schedule ‘C’ to be s