( 1 ) THIS Letters Patent appeal from a decision of Newaskar, J. , arises out of a suit filed by the appellant Sitabai for a declaration that the adoption of the respondent sitaram by her mother Gangabai was invalid and that, therefore, she was entitled to succeed to and get possession of the entire property left by her deceased father sukhlal. Sukhlal had two wives, namely, Gangabai and Dayabai. Sitaram is the grandson of Sukhlar being a son of his daughter Tuljabai born of Dayabai. Sitabai assailed the validity of adoption on various grounds, one of them being that the parties were governed by the Banaras School of Hindu law and accordingly it was necessary for the validity of the adoption of Sitaram by Gangabai that she should have been given express authority by the deceased Sukhlal and that she bad not any stick authority.

( 2 ) THE trial Court held that the parties were governed by the Banaras School of hindu law and that Gangabai had not obtained any authority from Sukhlal for the adoption made by her. Accordingly, Sitabai's claim was decreed. The decision of the trial Court was upheld in appeal by the first appellate Court. The defendants then preferred a second