LAWS(P&H)-2010-5-206

RAM KISHAN Vs. KRISHNA DEVI

Decided On May 05, 2010
RAM KISHAN Appellant
V/S
KRISHNA DEVI Respondents

JUDGEMENT

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

(2.) Ram Kishan appellant filed suit against Krishan Parkash--defendant (since deceased and represented by respondents as legal representatives). Both plaintiff and defendant are natural sons of Mange Ram. The plaintiff claimed that he was adopted by Mange Ram's brother Badle Ram vide adoption deed dated 07.01.1948, registered on 17.01.1948. The dispute is regarding the land of Badle Ram. The plaintiff alleged that in view of adoption, he was the sole legal heir of Badle Ram. Defendant, however, claimed Will dated 19.12.1985 executed by Badle Ram in his favour and accordingly, defendant has become owner of the suit land, which was previously owned by Badle Ram.

(3.) Learned Civil Judge (Senior Division), Sonepat, vide judgment and decree dated 31.10.2006, dismissed the plaintiff's suit. First appeal preferred by the plaintiff as well as cross-objections filed therein by the defendant stand dismissed by learned Additional District Judge, Sonepat, vide judgment and decree dated 30.11.2007. Feeling aggrieved, plaintiff has preferred the instant second appeal.