AMAR NATH Vs. MUNNU

JUDGEMENT

(1.) This is a plaintiffs' regular second appeal from the judgment and decree of the learned Senior Subordinate Judge (with enhanced Appellate Powers), Kangra District at Dharamsala, partly accepting the defendants' appeal and modifying the decree made by the trial Court which had decreed the suit instituted by the present plaintiff along with Shrimati Indri as his co-plaintiff for possession of the suit land. The suit was decreed by the trial Court only in favour of the appellant Amar Nath against defendants I to 6, but costs of the suit were directed to be borne only by defendants 1 to 3. The suit of Smt. Indri, plaintiff No 2, was dismissed. Now Smt. Indri has been impleaded as a Respondent 1n this Court.

(2.) The facts giving rise to the controversy may now be stated. Gopala deceased, an agriculturist, alleged to be governed by customary law prevailing in Tehsil Hamirpur and by the general agricultural custom in matters of succession and alienation, was pleaded in the plaint to have adopted plaintiff No. 1 Amar Nath, appellant, as his adopted son by means of a document dated 8.2.1944. Amar Nath claims to be Gopala's nephew. He was also thereby nominated as Gopala's heir and it is pleaded that the deed of adoption also amounts to a will. Gopala died on 11.5.1954. The revenue authorities mutated three-fourth share of suit land in favour of defendants I to 5 in May 1955. It is in these circumstances that the plaintiff instituted the suit out of which the preseat appeal has arisen. It may be pointed out that Gopala had two wives, Shrimati Indri and Shrimati Ghalo. It is the plaintiff's case that Smt. Ghalo had died leaving behind, her daughters' daughter Smt. Vidya, who was during the course of the trial impleaded as defendant No. 6.

(3.) The suit was contested by defendants 2 and 3. Gopala's ownership of the land in suit was admitted by them as also his date of death, but adoption of Amar Nath plaintiff by Gopala was denied. In regard to Smt. Indri it was pleaded that she had become immoral and unchaste and had deserted Gopala's house and as such had forfeited all her rights in the land in suit. Because of Smt. Indri's immorality, Smt. Ghalo was pleaded to be the owner in possession of the suit land who became full owner under Act 30 of 1956, with the result that her daughter's daughter(Smt. Vidya)and Vidya's son became the sole owner of the land in suit. It was further pleaded that even if Amar Nath were to be held as the adopted son of Smt. Ghalo, in accordance with the Customary law of the parties, they were governed by the rule of Chundawand and Smt. Ghalo was entitled to half share in the land in suit.