( 1 ) THIS appeal is by the defendants against the decree, dated, 20-4-1960, passed by Shri S. N. Chaturvedi, Additional District Judge, Dhar, in Civil Appeal No. 25 of 1959, reversing the decree, dated 18-11-1958 passed by Shri R. L. Chandani, Civil judge Class II, Badnawar, in Civil Suit No. 106 of 1953.

( 2 ) THE suit property originally belonged to "pannalal, who died on 6-10-1961, leaving behind two daughters, namely, Anandibai and Sunderbai. The second appellant, Krishna is the son of the first appellant, Anandibai who claimed to be the adopted son of Pannalal.

( 3 ) THE respondent filed the present suit for partition and separate possession of the property left by Pannalal on the premises that she had inherited the same along with her sister, Anandibai. She also claimed mesne profits. The suit was filed in the year 1953, that is, much before the Hindu Succession Act, 1956 came into force.

( 4 ) THE appellants' defence was mainly twofold firstly that the second respondent, krishna had been adopted as a son by Pannalal and that be had been placed in possession of the property by the deceased in acknowledgment of his status as an adopted son; and secondly the sui