BALWINDER SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the decree for possession passed in favour of the plaintiff-respondents by the learned first Appellate Court.

(2.) SAON Singh, father of the plaintiffs and that of the defendant-appellants, was owner of the suit land. He died on 5.1.1987. The plaintiff claimed the estate of Saon Singh on the basis of natural succession being Class-I heir whereas defendants No. 1 to 3 relied upon Will dated 15.6.1983. Apart from relying upon the Will, the defendant-appellants took up the stand that plaintiff No. 1 is not son of Saon Singh as he was adopted by Jangir Kaur, sister of Saon Singh, and her husband Kapoor Singh. Plaintiff No. 1 was brought up, educated and treated as son by Kapoor Singh and Jangir Kaur and that Mohinder Singh has been given property by Kapoor Singh and Jangir Kaur. Thus, he has forfeited all the rights in the family of Saon Singh.

(3.) THE learned first Appellate court has held that material witness of adoption, namely, Jangir Kaur and her husband as well as Saon Singh and his wife Tej Kaur have died. After carefully scrutinizing other oral and documentary evidence, the Court reversed the findings. One of the factors which has been taken into consideration is that the suit filed by Mohinder Singh against his father Saon Singh on 9.8.1983 was withdrawn after Saon Singh has given statement admitting Mohinder Singh to be his son. Still further, the Court has relied upon the recital in the Will to the effect that Mohinder Singh was adopted by Jangir Kaur when he was a small child of 10-11 years prior to the execution of the Will. The period of alleged adoption comes to 1973-74 whereas Mohinder Singh was 24 years of age in the year 1973 having (been) born on 13.06.1949 vide matriculation certificate Exhibit P-9. It was, thus, held that adoption is permissible only of a person below the age of 15 years and, thus, Mohinder Singh is not proved to be adopted as Mohinder Singh was more than 15 years of age at the time of alleged adoption even as per recital in the Will. Still further, the Court has relied upon sale deed dated 6.6.1967 wherein the land was purchased from Ram Chand wherein father's name of Mohinder Singh is that of Saon Singh.