D.S. Tewatia, J. - (1.) THIS is Plaintiffs, appeal arising out of a suit for declaration that adoption -deed Exhibit D 1, dated February 2, 1960 whereby Major Singh Defendant was adopted as son by Pakhar Singh was invalid and ineffective as against their interested in the property left behind by Pakhar Singh comprised of agricultural land and houses,
(2.) FINDINGS of the Courts below that Charan Singh and Darshan Singh Plaintiff Appellants were born to Smt. Dialo from the loirs of Pakhar Singh and that Pakhar Singh had, in fact, adopted Major Singh Defendant by executing a registered adoption -deed Exhibit D. 1 on February 2, 1960 are not disputed before me The validity of the adoption in question is brought under challenge only on account of interdiction placed by Section 11 of the Hindu Adoptions and Maintenance Act, 1956, hereinafter referred to as the Act, on the rights of a person for taking a son in adoption if the person concerned at the time of such an adoption had Hindu son living. The case set up by the Defendant is that the Plaintiffs were not the legitimate sons of Pakhar Singh and the provisions of section 11 of x he Act are not attracted to the present case.
(3.) THE only question, therefore, that arises for consideration is as to whether Charan Singh and Darshan Singh were the legitimate sons of Pakhar Singh.;