JANGIR SINGH Vs. AJMER SINGH, ETC

JUDGEMENT

(1.) This is appeal by Jangir Singh defendant against Ajmer Singh, Nihal Kaur, Dhan Kaur and Jaggar Singh plaintiffs from the judgment and decree of Shri Muni Lal Verma, District Judge, Bhatinda dated May 31, 1967, modifying on appeal the judgment and decree of Shri Pawan Kumar Garg, Sub-Judge, Mansa decreeing the suit of the plaintiffs for possession of land.

(2.) Facts leading to the appeal could be better appreciated from the following pedigree table :-

(3.) Bir Singh died in 1938. His widow succeeded to his estate as limited owner. On January 27, 1956, Har Kaur executed deed of adoption in favour of Jangir Singh son of Bhagwan Singh, defendant by appointing him as adopted son on the basis of the direction received from her husband. The deed was registered on January 31, 1956. Suit for possession of agricultural land measuring 1?5 kanals 18 marlas was filed by Ajmer Singh, Nihal Kaur and Dhan Kaur plaintiffs against Jangir Singh defendant. Jagga Singh, another son of Smt. Kishno was impleaded as defendant No. 2. In that suit, it was pleaded that after the death of Bir Singh, Har Kaur succeeded to the land in suit, that the plaintiffs being the son and daughters of Smt. Kishno, sister of Bir Singh were entitled to succeed to the property, that the deed of adoption said to have been executed by Har Kaur in favour of Jangir Singh was a fictitious document and ineffective against the plaintiffs and that they were entitled to decree for possession of the land against Jangir Singh defendant. The suit was resisted by Jangir Singh defendant on the pleas that the plaintiffs were not nephews of Bir Singh and Har Kaur, that Jangir Singh had been duly adopted by Bir Singh long before his death, that the deed of adoption in favour of Jangir Singh had been executed by Har Kaur in deference to the wishes of her husband and that in any case the property devolved upon Jangir Singh by way of testamentary disposition. It was also pleaded that the suit was barred by time.