SONA SINGH @ SANTA SINGH Vs. KAKKA SINGH

JUDGEMENT

(1.) This order will dispose of RSA No. 1344, 2056 of 2002 and 1422 of 2011 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from RSA No. 1344 of 2002.

(2.) The present litigation pertains to land measuring 107 kanal 3 marlas previously owned by Sh. Labh Singh who died in December 1978. Indisputably, Sh. Labh Singh was married to Matto Bai and there were six daughters namely Karmo, Dhanno, Karro, Ghammo, Jhando and Indo out of wed lock of Labh Singh and Matto Bai. There is dispute between the parties with regard to Kesar Singh plaintiff No. 4 to be adopted by Labh Singh and Matto Bai. Will dtd. 14/10/1978 purported to be executed by Labh Singh in favour of Shmt. Matto Bai and Will dtd. 25/1/1990 registered on 30/1/1990 purported to be executed by Matto Bai in favour of Sona Singh @ Santa Singh (major), Banta Singh and Kanta Singh minor sons of Kesar Singh plaintiffs No. 1 to 3.

(3.) Sona Singh and others including Kesar Singh filed Civil Suit No. 47-1 dtd. 8/4/1995 claiming that plaintiffs No. 1 to 3 are owners in possession of land measuring 107 kanal 3 marlas on the basis of Will dtd. 25/1/1990 executed by their grand mother by relying upon Will dtd. 14/10/1978 executed by Labh Singh in favour of Matto Bai and Kesar Singh their father being taken in adoption by Matto Bai and Labh Singh. It is averred that Labh Singh and Matto Bai had a son who expired at an early age. Kesar Singh was the son of Bishan Singh, real bother of Labh Singh. After death of their son, Matto Bai and Labh Singh adopted Kesar Singh when he was infant. Since that date, Kesar Singh was residing with his adoptive parents. They cared and brought him up and showered their affection upon Kesar Singh. Kesar Singh also took care of his parents and performed all types of duties as a son. After death of Labh Singh, Matto Bai stayed with his son Kesar Singh. He took full care of her. Labh Singh executed and registered various documents wherein he treated Kesar Singh as his son. Bishan Singh executed registered Will dtd. 7/10/1988 in favour of his grand sons and excluded Kesar Singh from inheritance.