Weston, J.

1. This is a second appeal from a decision of the District Judge, Hissar, upholding a decree of the Senior Subordinate Judge, Hissar, decreeing the plaintiffs suit for declaration that the adoption of defendant No. 2 Kishori Lal by defendant No. 1 Arjan was not proved and a gift of land made about the time of the adoption was merely a gift made on account of the adoption and therefore failed when the adoption failed.

2. The facts found were that on the 4th of January 1948 a report was made to the Patwari by Arjan reciting that Arjan has adopted Kishori Lal, he has given possession of land and that appropriate entries may be made. On the 17th of February 1948 Arjan executed a formal deed of adoption in favour of Kishori Lal and this deed was registered. On the 10th of August 1948 mutations were sanctioned in favour of Kishori Lal both of agricultural land of which Arjan was the owner and occupancy rights possessed by Arjan in other lands. The present suit which was filed on the 2nd of May 1949 is by three collaterals in the fourth degree. Their case was that the land was ancestral and they sued for declaration that the adoption was never performed and that the gif