MANI RAM AND OTHERS Vs. DHAN SINGH

JUDGEMENT

(1.) The plaintiffs have filed this second appeal against the judgment and decree dated January 15, 1976 of the lower appellate Court by which the decision of the trial Court reversed and their suit for possession was dismissed.

(2.) The facts relevant of the decision of this appeal are that Sukh Ram was owner of the land in dispute. He adopted the defendant Dhan Singh by a deed of adoption dated June 4, 1959. Sukh Ram died in 1967. His brother Ishwar brought the instant suit claiming possession of the land in dispute challenging the validity of the defendant adoption and claiming to be the heir of Sukh Ram. Ishwar died during the pendency of the suit and the present appellants were brought on the record as his legal representatives to continue the suit. The defendant contested the suit asserting that he is a validly adopted son of Sukh Ram. The trial Court on appraisal of evidence produced by the parties found that the defendant's adoption was invalid as it violated the mandatory provisions of the Hindu Adoptions and Maintenance Act, 1956. The appellants were held to be entitled to possess the land as heirs of Sukh Ram. Consequently, the appellants' suit was decreed. The lower appellate Court reversed the decision of the trial Court holding that the defendant Dhan Singh had been validly appointed by Sukh Ram as his heir under custom. Arriving at this conclusion the defendant appeal was allowed and the appellants, suit was dismissed.

(3.) It was held in Abdur Rehman Khan and others v. Raghbir Singh and another,1949 51 PunLR 119 as under :-