MOHINDER SINGH Vs. SHANGARA SINGH

JUDGEMENT

(1.) The defendants are in sec- ond appeal aggrieved against the judgment and decree passed by the learned first Ap- pellate Court whereby suit for declaration filed by the plaintiff to the effect that he is owner in possession to the extent of 2/3rd share while the defendants are owners in possession in respect of 1/3rd share of land measuring 112 Kanals 17 Marias, was decreed.

(2.) The plaintiff is son of Devi Chand s/o Ram Ditta s/o Wazira. Wazira had two sons i.e. Ram Ditta from whom the plaintiff is drawing his title, the other son was Moti. It is the case of the plaintiff that Moti was adopted by one Jawahar of village Barian (now in Tehsil Anandpur Sahib) about 100 years back and that since the date of adop- tion, Moti had severed all his links for all purposes with his natural family and became a part and parcel of his adopted father's fam- ily. The revenue record continue to reflect Moti as heir of Wazira and, therefore, plain- tiff be declared owner of the suit land.

(3.) In the written statement filed on be- half of heirs of Moti, it was pleaded that Moti has been residing in the village and used to look after the suit and the house property. It was pleaded that if at all the plaintiff suc- ceed in proving the alleged adoption then deceased Moti had not severed the relations or interest with his natural family as per custom prevailing in Punjab and Hoshiarpur District. It was also alleged that Ram Ditta, grandfather of the plaintiff, never objected to the right of Moti during his lifetime. Ram Ditta had been seeing, admitting and con- sidering said Moti as an heir and co-owner of the property. Alternatively, it was also pleaded that defendants Nos. 8 to 10 have perfected their title, their long, continuous, uninterrupted and unobstructed possession and hostile as they are in possession for the last more than 70 years after the death of Wazira.