AMIN CHAND Vs. SUKHYBIR SINGH

JUDGEMENT

(1.) LEARNED counsel for the respondent-applicant seeks permission to withdraw the instant applications.

(2.) DISMISSED as withdrawn.

(3.) LEGAL representatives of both the original plaintiffs since deceased are in second appeal having remained unsuccessful in both the Courts below. The dispute relates to the estate of Charhta, who was brother of lajja Ram, father of the original plaintiffs. Charhta has no biological issue of his own. Defendant-respondent Sukhbir Singh claims himself to be adopted son of Charhta. The plaintiffs, however, assailed the said adoption being contrary to custom governing the parties, who are residents of Tehsil naraingarh of District Ambala, because the said custom bars adoption by Jats of naraingarh Tehsil. Charhta also suffered a consent decree dated 23-10-1982 in favour of defendant regarding the suit land. The said decree has also been assailed in the suit being unregistered one, although relating to property worth more than Rs. 100/-requiring compulsory registration. The defendant, however, staked his claim to the suit land on the basis of aforesaid decree dated 23-10-1982 as well as on the ground of being adopted son of Charhta. The alleged custom barring adoption was alleged to be not applicable in view of the provisions of the Hindu Adoptions and Maintenance Act, 1956 (in short "the Adoptions Act" ). Learned civil Judge (Junior Division), Ambala City vide judgment and decree dated 7-2-2003 dismissed the suit filed by the plaintiffs seeking possession of the suit land on the basis of having inherited the same from Charhta. First appeal preferred by the plaintiffs also stands dismissed by learned Additional District Judge, Ambala vide judgment and decree dated 7-4-2004. Feeling aggrieved, the plaintiffs have filed the instant second appeal.