Khosla, J.

1. The dispute in this appeal relates to property left by Jangi who died on 18-8-1933. The facts briefly are that before his death Jangi adopted his daughters son Duni as his son. The adoption ceremony appears to have been performed in November 1928. In June 1933 Jangi executed a will leaving his entire property to his adopted son Duni. After Jangis death his property was mutated in favour of his brothers on the ground that they were his collaterals. Duni claiming to be both the adopted son of Jangi and the legatee of the will executed by him filed a suit for possession. In that suit the brothers of Jangi raised a plea that the property in dispute was ancestral. The suit was decreed In favour of Duni on the ground that he had succeeded in proving his adoption by Jangi. The defence plea that the land was ancestral was held not to Have been proved, but the trial Court observed that the same result would have followed, had the land been ancestral. This decision was upheld on appeal and the result was that Duni took possession of the property and remained in possession till his death. After the death the land was mutated in favour of his mother Rodi. Then the plainti