SANTRAM Vs. SUKHDEV KALAR SON OF BALAKRAM

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the second appeal preferred by defendant No.1 is as under:-

(2.) The suit land was originally held by Ram Charan. He had no male issue. Plaintiff-Shanti Bai, daughter of Ram Charan, filed a suit that she is sole owner of the suit land after death of her father and his father-Ramcharan has not adopted defendant No.1-Santram, who is her cousin (uncle's son) and therefore, decree for declaration of title and confirmation of possession and entry made in revenue records is not binding on her.

(3.) .. Defendant No.1 set up a plea that Ram Charan had no male issue and therefore, he has adopted him during his life time and to confirm the adoption and to dispose off his share of property, Ram Charan has executed a deed on 17.3.1983 (Ex.D/11A), as such, the suit deserves to be dismissed. The trial Court after appreciating oral and documentary evidence available on record, by its judgment and decree dated 26.6.2000, dismissed the suit. On appeal being preferred by the plaintiff, the First Appellate Court set aside the judgment and decree of the trial Court and held that the plaintiff is sole owner of the suit land. Questioning legality and validity of the impugned judgment and decree of the first appellate Court, this second appeal under Sec. 100 of the Civil Procedure Code has been preferred by the appellant/defendant No.1, in which substantial question of law has been formulated, which has been set out in the opening paragraph of this judgment.