1. Ram Autar minor plaintiff-respondent, the adopted son of Prabhu defendant-respondent filed a suit on April 15, 1961, for a declaration to the effect that the parties being Ahirs belong to an agricultural tribe and are governed by Customary Law in matters of adoption according to which an issueless proprietor can adopt someone from amongst his collaterals and in the presence of such an adopted son, the adoptive father is not competent to dispose of his ancestral property otherwise than for consideration and legal necessity, and that in view of the said custom his adoptive father Prabhu defendant was not competent to make the gift of vacant land with some kothas and haveli on it, which was ancestral property. On that ground he challenged the binding nature of the gift made by Prabhu defendant in favour of his brother Tara Chand defendant-appellant on March 10, 1961. The plaintiff-respondent while claiming a declaratory decree about the impugned gift being null and void, and, therefore, having no effect on his reversionary rights after the death of his adoptive father, also sought a decree for perpetual injunction restraining Prabhu from disposing of his remaining ancestral