CHATURVEDI, J.

This first appeal by the defendant is directed against a decree and judgment dated 6-3-1950 of the learned Additional District Judge, Gwalior, declaring that the adoption deed of defendant 2, Suraj Singh, is invalid and that the said Suraj Singh is not the adopted son of the late Kunwar Shambu Singh.

2. The plaintiff respondent is a Jagirdar of former Gwalior State and it appears that there was some dispute going on between him and his younger brother the late Shambhu Singh who desired more maintenance than was given to him by his brother Jagirdar. The matter was then referred to the Muntazim Jagirdaran under S.16 of the Gwalior State Manual for Jagirdars Samvat 1970 on which an order was passed by the Gwalior Durbar on 16-7-1919 that in lieu of maintenance, Shambhu Singh would enjoy the revenue of village Saipura and that in addition to it the Jagirdar will pay Rs.8,000/- per year. It was also ordered that he would also be given five bighas land in Baroda for constructing a house of his own and in lieu of ornaments, houses, utensils and arms, etc., he would be given Rs.15,000/- in cash. It was also mentioned in this order that those houses and ornaments whi