MAM CHAND Vs. AMAR SINGH

JUDGEMENT

(1.) Defendant no.1-appellant is in the regular second appeal against the concurrent findings of fact arrived at by the courts below.

(2.) Dispute in the present case is "Whether plaintiff-respondent was adopted before or after he inherited the property from his natural father i.e. Chunia."

(3.) It has come in evidence that on the death of Chunia, property came to be inherited by his 2 sons plaintiff and defendant no.1. The factum of inheritance was noticed in mutation no.359 dtd. 14/3/1941, Ex.P1 incorporated in the jamabandies for the years 1954-55, 1958-59 and 1963-64, Ex.P2, Ex.P3, and Ex.P4. Later on, the plaintiff was adopted vide adoption deed dtd. 21/6/1965. Thus, before the plaintiff was given in adoption he had already become owner of half of the property owned by the natural father. Defendant no.1 also gifted 10 bighas land to plaintiff on 10/9/1968. Later on defendant got changed the entry in the revenue record in his own name. This was subject matter of challenge by the plaintiff.