SOHAN LAL Vs. RAM PARTAP AND ORS

JUDGEMENT

(1.) This is second appeal by plaintiff Sohan Lal, who has been unsuccessful in both the courts below.

(2.) Sohan Lal appellant filed suit against Hazari Ram defendant (since deceased and now represented by respondents as his legal representatives) alleging that defendant Hazari Ram and his wife adopted the plaintiff as his son on 17 Asadh Samvat 2015 i.e. in the year 1958. The defendant also appointed the plaintiff as his heir and gifted away the suit land to the plaintiff at the time of adoption. The plaintiff was also put in possession of the suit land. Writing regarding adoption was made in a bahi. The plaintiff accordingly sought declaration that he is owner in possession of the suit land, which was previously owned by defendant Hazari Ram and that now, the defendant has nothing to do with the said land. Revenue entries depicting defendant to be owner in possession of the suit land are wrong and are liable to be corrected in favour of the plaintiff. Permanent injunction was also sought restraining the defendant from alienating the suit land in any manner.

(3.) Defendant Hazari Ram controverted the plaint allegations and pleaded that plaintiff was never adopted by the defendant and his wife. The defendant had a natural son namely Prabhu born on 13.07.1957, who was alive at the time of alleged adoption of plaintiff and therefore, there was no occasion for the defendant to adopt the plaintiff. Gift of the suit land in favour of the plaintiff was also denied. The defendant alleged that he had already bequeathed his entire property in favour of his brother's sons (respondents herein), vide registered Will dated 09.08.1984. Various other pleas were also raised.