( 1. ) THE dispute in this appeal and the connected cross objection relates to the estate of Manjibhai Khodabhai, who died on 13th February 1966 at Raipur. Manjibhai belonged to Gujarati Mochi community and was domiciled at Raipur. Manjibhai was a self made man. He started shoe business in wholesale and retail and the properties left by him at Raipur were his self acquired properties from business. The suit giving rise to this appeal was instituted by his widow Amritbai (plaintiff No. 1) and mother Manikbai (plaintiff No. 2) against the defendant Mulchand for a declaration that be was not entitled to any interest in the properties left by Manjibhai. Possession, of the properties was also claimed in the suit. Mulchand claimed that he was adopted by Manjibhai on 1st May 1962. He also claimed under a will executed by manjibhai on 7th February 1966. Further, he claimed that the running business with its assets and liabilities was gifted in his favour by Manjibhai during his life time.

( 2. ) THE learned District Judge, Raipur, who tried the suit, came to the conclusion that the adoption was proved and was valid. On the question of will, the District Judge held that though the