(1.) The plaintiff has come in this appeal by assailing the judgment and decree dated 2.12.1988 passed by the learned first appellate court vide which the appeal was accepted and the suit filed by the plaintiff-appellant was dismissed by holding that the adoption of defendant Bhim Singh by Mam Raj son of Gangal is valid, therefore, defendant Bhim Singh stepped into his shoes and had inherited the property in dispute.
(2.) The facts necessary for disposal of the appeal are that Gangal son of Bhagirath was the erstwhile owner of the property in dispute situated in the revenue estate of village Durgapur, District Faridabad. After his death, his inheritance devolved upon his sons namely Kour, Mam Raj,, Ghoor Mal @ Ghuri and Mohar Ram (plaintiff-appellant) in equal shares. Thus, Mam Raj became co-sharer to the extent of ¼ share. Defendant Bhim Singh is the son of Ghoor Mal. Thus, he is the real nephew of Mam Raj.
(3.) Said Mam Raj was initially married to Smt.Chirongi but she had died issueless somewhere in the year 1966. Mam Raj had died on 26.10.1981. His inheritance was mutated vide mutation No.674 in the name of Bhim Singh on the basis of registered adoption deed dated 14.9.1979 (Ex.D2) as well as registered will (Ex.D1) which is also of the same date.
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