SHER SINGH Vs. SIRI KISHAN

JUDGEMENT

(1.) This regular second appeal, by the plaintiff/appellants, is directed against the judgment and decree dated 23.2. 2010, passed by the learned Courts below, vide which the suit for declaration filed by the plaintiff/appellants, was ordered to be dismissed.

(2.) The plaintiff/appellants filed a suit claiming, that they are owners in possession in equal shares of agricultural land measuring 47 kanals 17 marlas situated at village Ghasola, Tehsil Charkhi Dadri, District Bhiwani, as per jamabandi for the year 1995-96. The plaintiffs also challenged the judgment and decree dated 23.9.1975, passed in civil suit No. 378 of 1975 to the extent of 1/3rd share and also mutation No. 850 dated 31.7.1978. Consequential relief of permanent injunction was claimed, restraining the defendant/respondents from alienating the suit land by way of sale, transfer or exchange.

(3.) The plaintiff/appellants claimed, that they were sons of Tara Chand son of Beg Raj. Dharmu @ Dharam Chand and Daulat Ram were real brothers of Tara Chand, who were having no issue, therefore, they adopted sons of Tara Chand i.e. the plaintiffs. Plaintiff No. 1 was adopted by Daulat Ram, vide registered adoption deed dated 14.10.1964, and plaintiff No. was adopted by Dharmu @ Dharam Chand, vide registered adoption deed dated 14.10.1964. The land was joint agricultural land of Dharmu @ Dharam Chand and Daulat Ram. Whereas Tara Chand was having separate khewat, from his two brothers.