SHIV LAL Vs. MOHAN LAL

JUDGEMENT

(1.) The defendants are in appeal against the judgments and decrees passed by both the Courts below.

(2.) The plaintiff-respondents filed a suit praying inter-alia for "(a) a decree for permanent injunction restraining the defendants from getting the mutation of succession of Attar Chand, adopted son of Dina recorded in their favour in respect of entire suit land mentioned in para no.1 of the plaint to the exclusion of the plaintiffs and more than their share and from getting forcible possession of the suit land more than their 1/3rd share; (b) in the alternative, if the defendants take forcible possession of the suit land then a decree for joint possession to the extent of 2/3rd share with defendants who are heirs to the extent of 1/3rd share may be passed in favour of the plaintiffs".

(3.) It was averred in the plaint that Attar Chand was the son of Ram Nath but was adopted by Dina who had executed an adoption deed-cum-gift deed on 29.8.1950 and vide the said deed Dina had bequeathed his agricultural land to his adopted son Attar Chand. It was further averred that after the death of Attar Chand on 3.9.1982 the defendants had started claiming themselves as exclusive owners of the suit land being the real brothers and real mother of Attar Chand. According to the plaintiffs since Attar Chand had died issueless the suit land was to devolve upon all the agnates since Attar Chand ceased to be a member of the family of Ram Nath, his real father, and had come to the family of Dina, the adoptive father. According to agnatic succession the plaintiff nos.1 and 2 became heirs to the estate of Attar Chand to the extent of 1/3rd share, plaintiff nos.3 to 9 became heirs to the extent of 1/3rd share and the defendants also became heirs to the extent of 1/3rd share. The plaintiffs and defendants traced their lineage to a common ancestor, Lalman.