LAWS(P&H)-2020-5-64

OM PARKASH Vs. NIRANJAN KUMAR

Decided On May 21, 2020
OM PARKASH Appellant
V/S
NIRANJAN KUMAR Respondents

JUDGEMENT

(1.) The plaintiff-appellant has filed the regular second appeal against the judgment passed by learned first appellate court reversing judgment and decree passed by the trial court.

(2.) He claims declaration that he is owner in possession of house bearing Municipal Committee No.471 located in Rania, Tehsil and District Sirsa. He also challenged correctness of the judgment and decree dated 02.03.1983 passed in Niranjan Kumar son of Vishnu Dass Vs. Smt. Premi Bai widow of Heera Nand, Civil Suit No.158. He claims to be adopted son by Heera Nand son of Tilla Ram. It is further alleged that since the date of adoption, the plaintiff continue to reside in the aforesaid house along with defendant no.2, who is widow of late Sh. Heera Nand. He further alleged that as per adoption deed the plaintiff is exclusive legal heir of late Sh. Heera Nand, who expired on 27.12.1975 and therefore, the plaintiff is owner in possession.

(3.) Two defendants were impleaded in the suit. One is Niranjan Kumar son of Vishnu Dass son of Tilla Ram and second is Smt. Premi Bai widow of Heera Nand son of Tilla Ram.