NAYA PANCHAYATI UDASI AKHADA Vs. MOTILAL BANSGOPAL CHHATRAPURI

JUDGEMENT

(1.) THIS judgment will also' govern Second Appeal No. 627 of 1952.

(2.) THESE appeals arise out of a suit instituted by the respondent No. 1 in this appeal who is the sole respondent in the other appeal, under order 21, Rule 63 of the Code of Civil Procedure, for a dec-laration that a certain property which he had attach-ed in execution of two decrees against the respondent No. 2 Narayandas belonged to him and not to the present appellant.

(3.) THE relevant facts are as follows : The property in question was originally owned by Sunderdas. After his death, his widow Radhabai took the respondent No. 2 in adoption. It is contended by the respondent No. 1 that by virtue of the adoption he succeeded to this property and has become the owner thereof. It would appear that Radhabai gifted this property to the appellant in the year 1941 by virtue of which the appellant is in possession of this property.