SALIG RAM Vs. GANGA DEI AND ANOTHER

JUDGEMENT

(1.) In this appeal by Salig Ram, defendant against the judgment and decree dated 15-11-1967 passed by 1st Additional District Judge, Allahabad in first Appeal No. 275 of 1955 arising out of suit No. 85 of 1948 decided on 31-1-1955 by Additional Civil and Small Cause Court Judge, Moradabad, the learned counsel for the appellant raised two points:

(2.) For a proper appreciation of the two points raised, it is necessary to set out the facts of the case. The dispute relates to a shop. One Puranmal was undisputedly the original owner of the shop. Puranmal executed a gift deed of the shop in favour of his daughter Smt. Pirani, who was married to Phool Chand. Smt. pirani had a daughter Smt. Gangs Dei, who was married to Umed Rai. In her lifetime Smt. Pirani mortgaged the shop on 15-12-1945 in favour of Umed Rai. This shop was in occupation of one Shy am Lal as tenant. In the year 1945 Umed Rai brought suit No. 415 of 1945 against Shyam Lal for possession etc. On 28-2-1946 the suit was decreed. Thereafter Umed Rai moved execution application. In the execution, Salig Ram appellant filed objection on 22-9-1947 that he was the adopted son of Puranmal, that he was adopted on 29-11-1937, that Puranmal had no right to give the shop to his daughter Smt. Pairani, that Shyam Lal was in fact his tenant and as such Umed Rai who was successor is interest of Smt. Pirani had no right to eject Shyam Lal and take possession of the shop. His objection was allowed on 22-9-1947. Umed Rai filed a revision against this order which was dismissed on 15-10-1947. Thereafter Umed Raf filed suit No. 85 of 1948 against Salig Ram under O. 21, R. 103, C. P. C. In this suit he challenged the adoption of Salig Ram by Puranmal. His suit was decreed by the Additional Civil and Small Cause Court Judge on 31-1-1955. Against this decree Salig Ram filed first Appeal No. 275 of 1955.

(3.) Salig Ram and Brij Mohan, real brothers are sons of one Gokul Chand. Gokul Chand and Puranmal were cousins. Smt. Nemwati is widow of Brij Mohan.