KUNDAN Vs. HARI RAM

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the Additional District Judge, Karnal, dated 20.3.1978.

(2.) The facts giving rise to this appeal are: Hari Ram plaintiff filed a suit for declaration that he was the owner of one-third share in the land in dispute and was entitled for partition. He further challenged the statement dated 28.7.1968 (Exhibit DW4 4/A), made before the Revenue Officer to th effect that he did not want to get the land partitioned and proceedings for partition be dropped. The said statement was also challenged in appeal before the Collector who directed that since it involved the question of title, the same be got decided from the civil Court.

(3.) The defendants controverted the allegations of the plaintiff. It was averred that; Hari Ram was adopted by Basti, husband of Smt. Punjabo, and, therefore, he has got no right to succeed to the property left by his natural father Matu, along with the defendants. The bar of limitation was pleaded and adverse possession was claimed. It was stated that the suit in the present from was not maintainable inasmuch as the plaintiff was not in possession of any part of the land.