RAGHBIR SINGH Vs. SATPAL

JUDGEMENT

(1.) THIS is defendants appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging concurrent findings of facts recorded by both the Courts below holding that the defendant-appellant who was the adopted son of Bhawani could not have inherited the property of his natural parents Bakhtawar and Champa. The mutation deed being mutation No. 1255 sanctioned in his favour on 20.10.1985 and mutation No. 1584 sanctioned on 17.10.1995 have also been held to be illegal, null and void. The entries of those mutations have also been held to be not binding on the rights of the plaintiff- respondents.

(2.) THE plaintiff-respondents filed civil suit on 13.10.1998 for a declaration with consequential relief of permanent injunction and in the alternative for joint possession of the suit property being legal representatives of deceased Bakthawar Singh asserting that the defendant-appellant had no right, title and interest in that property. The mutations dated 25.10.1985 and 17.10.1995 were also challenged being illegal, null and void and not binding on the rights of the plaintiff-respondent. Consequential relief of injunction for restraining the defendant-appellant from dispossessing the plaintiff-respondents from the suit property and also from alienating the same or changing its nature was also prayed. It was alleged that Bhagwani widow of Prem Singh had adopted Raghbir Singh, defendant-appellant son of Bakhtawar vide adoption deed executed and registered on 26.3.1963. The defendant-appellant obtained a decree against his adopted mother by filing a civil suit in his favour in respect of the property situated in village Sihi and village Sikenderpur Badha. Civil Suit No. 397 dated 7.6.1994 titled as Raghbir Singh v. Bhagwani was decreed. Accordingly, the defendant-appellant was left with no right, title or interest in the property of deceased Bakhtawar as his son from Smt. Champa who was widow of Bakhtawar. It is alleged that the plaintiff- respondents came to know about the illegal and fraudulent sanction of mutation of inheritance of Bakhtawar by the defendant-appellant which was got sanctioned on 25.10.1985 being mutation No. 1255. After the death of Champa, the real mother of the defendant-appellant, he fraudulently obtained sanction to mutation of inheritance on 17.10.1995 in his favour to the extent of 1/6th share.

(3.) WITH regard to mutations it was claimed that the mutations are valid and binding and that the defendant-appellant had been cultivating his portion of the land inherited from Bakhtawar.