BULAQI DAS Vs. SURINDER MOHAN

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 27.4 1982 passed by the learned Additional District Judge whereby the appeal of the appellant was dismissed. The plaintiff - respondent brought a suit for possession of the property in dispute on the allegation that he is the adopted son of Radhey Lal who was the tenant in the premises in dispute. The said Radhey Lal died in 1954 and his wife, the mother of the plaintiff, Smt. Krishna Devi, became the tenant of the property. She died in Dec., 1965. The tenancy was inherited by the plaintiff. The plaintiff was forcibly throw on out in Dec., 1967/February, 1968 from the property in dispute and is entitled to be restored back to possession.

(2.) The suit was contested by the appellant-defendant and it was denied that the tenancy was inherited by the plaintiff or that the plaintiff was the adopted son of Radhey Lal and Krishna Devi since deceased. it was further pleaded that the possession of the premises in dispute was surrendered to the defendant by the natural father of the plaintiff in 1965 itself, i.e., after the death of Smt. Krishna Devi.

(3.) On the pleadings of the parties, the learned trial Judge framed the following issues :