KARTAR SINGH Vs. DASAUNDHA SINGH, ETC

JUDGEMENT

(1.) A suit for possession of the land in dispute filed by Kartar Singh, plaintiff-appellant, was dismissed by the trial Court and a first appeal filed by him in the Court of the Additional District Judge, Amritsar, had not met with any better success. Kartar Singh has, therefore, come up in second appeal to this Court.

(2.) Kesar Singh, the owner of the land in dispute, died in September, 1959, without leaving any widow or children. Kartar Singh appellant was his collateral in the third degree while the defendantsw, who are one degree more remotely related to the deceased, has gone into possession of his land. Karnaol Singh, defendant-respondent No. 4, claimed that he had been validly adopted as a son by the deceased. As the factum and validity of this adoption are challenged by the appellant, he had filed this suit for possession of Kesar Singh's land as the nearest heir of the deceased.

(3.) The sole question for decision in this appeal is whether Kesar Singh deceased had validly adopted Karnail Singh, defendant-respondent, and whether the two had been treating each other as father and son after that adoption. Both the Courts below have come to the concurrent finding of fact, on the basis of a registered deed and other evidence, that such an adoption had actually taken place and that the deceased had been treating the contesting respondent as his adopted son for a number of years.