SURJIT KAUR Vs. ZAIL SINGH AND OTHERS

JUDGEMENT

(1.) THIS judgment will dispose of the appeal as also the cross -objections filed by Zail Singh respondent.

(2.) THE property in dispute belonged to one Mehar Singh. Vide adoption deed Exhibit Pl dated February 28, 1955, he adopted Zail Singh respondent as his son. Apart from this adoption deed, there other evidence on the record showing that Zail Singh was being treated as an adopted son by the said Mehar Singh. However on January 8, 1963, Mehar Singh gifted a part of this property in favour of his daughter Surjit Kaur appellant. On July 5, 1963, he executed as will in her favour. On October 21, 1963 Mehar Singh cancelled the adoption deed dated February 28, 1955. The respondent filed a civil suit for a declaration to the effect that the will, Exhibit, D2 executed by Mehar Singh on July 5, 1963, in favour of the appellant respect of his property was not binding on him and did not affected his reversionary rights. The suit was contested by the appellant and on the pleas raised by the parties, the learned trial judge framed the following issues: -

(3.) WHETHER the plaintiff is in possession of the disputed property as an owner for the last 15 years ? On issue No. 1 it was held that the respondent had been validly adopted by Mehar Singh. On issue No. 2 it was held that Mehar Singh deceased did execute a (sic) deed and a will in favour of the appellant. On issue No. 3 it was held that the respondent did not have any focus standi to challenge the gift deed but he was competent to challenge the will on the ground that it was opposed to the customary law. Issue no. 4 was not pressed by the respondent before the learned trial Judge. On these findings, he was granted a declaration that the will dated July 5, 1963, was inoperative and ineffective qua his rights.