RAKHA SINGH Vs. AMRIT LAL

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff against the Judgment and decree of the Senior Subordinate Judge, Hoshiarpur, dated 22nd October, 1974.

(2.) Briefly, the facts are that Hako son of Jhori was the owner of the property in dispute. He, it is alleged, adopted the plaintiff as his son and executed a registered adoption-deed dated 9th August, 1949, in that regard. He died in 1961. On his death, the land was mutated in the names of the defendants who are the sons of his daughter. The plaintiff instituted a suit for declaration that he being the adopted son of Hako was entitled to the property and the mutation had been wrongly sanctioned in the names of the defendants.

(3.) The suit was contested by the defendants who pleaded that the plaintiff along with his brothers and other collaterals filed a suit for injunction against them on the basis of a will of Hako in 1965 and the same was dismissed on 31st October, 1966, by Mr. T. N. Gupta, Subordinate Judge, Hoshiarpur. An appeal against that judgment was dismissed by the Additional District Judge, Hoshiarpur, on 16th April, 1969. It is alleged that in that suit the plaintiff did not allege that he was the adopted son of Hako. On the other hand, he treated the adoption-deed as cancelled and filed the suit on the basis of an alleged will. In the circumstances, the suit is barred under O. 2, R. 2, Code of Civil Procedure, and by the principle of res judicata.