SITA RAM Vs. BUGGA RAM

JUDGEMENT

(1.) This appeal is directed against the decree and judgment dated 7 -11 -1983 passed by District Judge, Solan and Sirmaur Districts at Nahan whereby the appeal of respondents -plaintiffs was accepted and the decree and judgment dated 23 -2 -1983 of Sub -Judge 1st Class, Nalagarh, District Solan was set aside. The Sub -Judge had dismissed the suit of respondents -plaintiffs.

(2.) Brief facts of the case are that one Dooru, who was common ancestor of the parties, was owner in possession of the property in dispute. Dooru had six sons, namely, Kanshi Ram, Surtia, Jeunu, Mast Ram, Kali Ram and Bugha. One of them, namely, Mast Ram, whose successors are appellants -defendants, was adopted by one Jangi, a distant collateral of Dooru, by a registered adoption deed dated 25th Chait, 1977 Bk. Ext. PW -3/A. The case of the respondents -plaintiffs was that after adoption Mast Ram stood transplanted in the family of his adopted father Jangi, as such, he lost all rights, title and interest in the suit property belonging to his natural father Dooru. According to them, Mast Ram had accepted this position at the time when suit property was partitioned between remaining five sons of Dooru on 6 -6 -1957. They claimed themselves to be in possession of the suit property as owners and in the alternative their case was that their possession being in exclusion of the appellants -defendants for a period of more than 12 years had ripned into their possessory title. The entries in the revenue record wherein the suit property is recorded in ownership and possession of all the six sons of Dooru was also challenged.

(3.) The appellants -defendants had resisted the suit on the ground that adoption of Mast Ram by Jangi was never acted upon as it was cancelled by Raja Sahib of Nalagarh and he continued to be son of his natural father Dooru. According to them, the respondents -plaintiffs were estopped to file the suit because they had not only been recorded in revenue record but in physical possession as owners from the very beginning to the knowledge of respondents -plaintiffs.