, J.

1. This is an appeal filed by Hazari and another, plaintiffs against the judgment dated January 14, 1972 of the Senior Sub-Judge, Gurgaon dismissing their appeal with costs against the judgment and decree dated April 14, 1971, of Sub-Judge II Class, Gurgaon, whereby he dismissed their suit for declaration against the defendant.

2. The following pedigree table will be useful in understanding the facts of this case:-

Bhiman _________________________|_________________________ | | | Hazari (plaintiff No. 1) Kundan alias Kundan Lal Ramji Lal (Plaintiff No. 2) | Roop Narain (defendant-respondent)

3 The facts of this case are that Ramji Lal, who is the father of Rup Narain respondent-defendant was adopted as his son by his material grand-father Rur Mal, resident of Rajasthan about 60 years ago. Bhiman, the common ancestor of the parties to the suit died in or about the year 1910, but in spite of the adoption of Ramji Lal, the revenue authorities mutated the land of Bhiman in equal shares in the names of his three sons, Hazari, Kundan and Ramji Lal on December 17, 1910, vide copy of the mutation order. Exhibit D-6, Ramji Lal died and his shares in this land was mutated in the