SUSHILA Vs. LUXMI NARAIN

JUDGEMENT

(1.) This appeal is filed by the plaintiff against the judgment and decree of both the Courts below by which their suit for declaration and permanent injunction has been dismissed. The dispute is in regard to estate of deceased Ram Pat.

(2.) Plaintiff No. 1 is the widow of Prem Chand son of deceased Ram Pat and plaintiff Nos. 2 and 3 are son and daughter of Ram Pat. They have filed a suit for declaration that they are owners of the property left behind by Ram Pat and defendant No. 1, though adopted son of Prabhu Dayal Sharma, had no right, title or interest in the property of Ram Pat.

(3.) It is not disputed that Ram Pat died in the year 1971 and mutation of inheritance was sanctioned in favour of his son and daughter including defendant No. 1. Thereafter, he was given in adoption by his mother by Prabhu Dayal Sharma on 06.7.1981 and since then his relation with the family has been severed.