1. This is a second appeal by Modan Singh defendant No. 1 and the facts leading to it are these. His fathers first cousin Sher Singh executed on the 14th of September, 1961, a deed of adoption (Exhibit D.1) the relevant portion of which runs thus:

"I. therefore, in possession of my full senses by written adoption deed adopt my nephew Modan Singh son of Jangir Singh as a son and from today Modan Singh has been recognised as my natural son. He would perform all religious rites and after my death would be owner of my property of every kind from generation to generation and none will have any objection to this. Jangir Singh consents to the making of adoption by me."

After Sher Singhs death his sister Sham Kaur and his other sisters son Bant Singh brought a suit challenging deed Exhibit D.1 as a mere paper transaction which did not operate to make Modan Singh defendant No.1 and adopted son of Sher Singh. Modon Singh defendant No.1 contested the suit and contended that he was validly adopted by Sher Singh as a son and also that the deed of adoption operated as a testamentary disposition of property in his favour.

At the trial evidence was led on behalf of Modan Singh defendant No