MOHINDER SINGH Vs. GURBAX SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal Nos. 1919 and 2384 of 1985, filed by defendant Mohinder Singh and plaintiff Gurbax Singh, respectively. Both these appeals have arisen from the suit for possession filed by the plaintiff regarding the properties of one Dasondha Singh claiming himself as his adopted son.

(2.) THE said Dasondha Singh was owner of the land measuring 40 Bighas 15 Biswas, a house and an electric motor, as mentioned in the plaint, which are the properties in dispute in the instant case. He died on 4.8.1980. On 6.9.1980, the plaintiff Gurbax Singh, who is sister's son of Dasondha Singh, instituted the present suit for possession of the aforesaid properties in dispute alleging therein that he was adopted by Dasondha Singh vide a registered adoption deed dated 3.2.1946 (Ex. P-3) as his son. After the adoption, Dasondha Singh treated him as his son and he also treated him as his father. He continuously served him during his life time. It was further pleaded that after the death of Dasondha Singh, when the plaintiff approached the Patwari for entering the mutation of inheritance of the property of Dasondha Singh in his name, he came to know that the same was already got mutated by defendant Mohinder Singh in his name on the basis of two civil court decrees dated 15.3.1973 and 1.5.1974, which were suffered by Dasondha Singh in his favour collusively on the basis of an alleged family settlement. The plaintiff Gurbax Singh also challenged both the decrees by pleading that the same are illegal, void and ineffective and not binding on his right to succeed to the properties left by Dasondha Singh being his adopted son. It was further pleaded that Mohinder Singh was a stranger and was not related to Dasondha Singh, therefore, there was no occasion for him to transfer the ownership rights in the suit properties in favour of Mohinder Singh on the basis of a family settlement, because there cannot be any family settlement between the strangers. The alleged family settlement mentioned in the earlier two suits was nothing but a mere cloak for the transfer of the suit properties. It was further pleaded that there was a pre-existing right of Mohinder Singh in the properties of Dasondha Singh, therefore, the two collusive decrees, which were unregistered, were nothing but instruments of transfer of the property of the value exceeding Rs. 100/-. Thus, those were illegal, void and not binding on the rights of the plaintiff also prayed for mesne profits for use and occupation @ Rs. 300/- per month from the defendant from 1.9.1980 till the actual date of possession of the suit properties.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court :-