SUDESH KUMAR Vs. AMRITSARIA RAM & OTHERS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 11.11.1989 passed by the learned Additional District Judge, Jalandhar setting aside the judgment and decree passed by the learned trial Court.

(2.) Appellant Sudesh Kumar and other respondents are close relatives. Natural father of Sudesh Kumar was Shiv Chand son of Hari Chand. Babu Ram, Amritsaria Ram, Ved Parkash, Shiv Chand and Lachhman Dass were real brothers. Sudesh Kumar appellant filed the suit seeking the share of Ved Parkash to the extent of 1/5th in the suit land measuring 5 Kanal- 4 Marlas as fully described in the headnote of the plaint, situated in village Sahlon, Tehsil Nawanshahr in the jamabandi for the year 1978-79, on the basis of adoption deed dated 03.07.1962 executed by Ved Parkash.

(3.) Briefly stated the case of the plaintiff is that he was adopted by Ved Parkash, who executed an adoption deed dated 03.07.1962. All the required ceremonies of the adoption were completed for giving the plaintiff into adoption to Ved Parkash. Ved Parkash died on 01.05.1981. Being the adopted son, the plaintiff came to be owner in possession of the land of the share of Ved Parkash. However, Babu Ram and Amritsaria Ram illegally got entered and sanctioned the mutation No. 2759 with regard to the share of Ved Parkash in their favour. The plaintiff sought declaration to the effect that he is joint owner in possession of 1/5th share belonging to Ved Parkash, on the basis of registered adoption deed dated 03.07.1962. In the alternative he sought decree for joint possession of 1/5th share out of the suit land measuring 5 Kanal- 4 Marlas.