CHHED RAM AND ORS. Vs. BUDHVANTIN AND ORS.

JUDGEMENT

(1.) The substantial questions of law formulated and to be answered in this plaintiffs' second appeal are as under:--

(2.) The Trial Court, by its judgment and decree dated 11-10-2001 passed in Civil Suit No. 49-A/96 decreed the suit finding inter alia that adoption by Hinharam to defendant No. 5 Parsuram Bullu is not established and plaintiffs' father purchased the suit property and after his death, the plaintiffs obtained possession and, therefore, the plaintiffs are entitled to decree for recovery of possession.

(3.) Defendants preferred first appeal there against. First Appellate Court, by its judgment and decree dated 23-4-2003 passed in Civil Appeal No. 25-A/01, set aside the judgment and decree of the trial Court and dismissed the suit holding inter alia that original sale deed dated 28-11-1973 has not been produced before the trial Court; further held that defendant No. 5 has failed to establish adoption.