HAKAM DEVI Vs. BHAG SINGH

JUDGEMENT

(1.) This appeal is directed against the decree and judgment dated 18 -4 -1985 passed by Additional District Judge, Mandi, District Mandi, whereby the appeal of the respondents -plaintiffs 1 to 4 was accepted and decree and judgment dated 28 -2 -1983 of Sub -Judge, Sunder -nagar, was set aside. The Sub -Judge had dismissed their suit, which was for possession of the land, house and cattle -shed comprised in Khasra Nos. 699,671,674,678,683,706, 680, 692, 1619/703 measuring 8 -4 -0 Bighas (hereinafter called the property in dispute).

(2.) The brief facts of the case are that the property in dispute was owned and possessed by one Gauri Singh. On his death, it was succeeded by his widow Kamla Devi She had adopted one Ghatot Kach as her son on 26 -9 1951, vide adoption deed Ex PA. As such, the mutation of inhe ritance of Gauri Singh was sanctioned in favour of Ghatot Kach on 9 -12 -1951 vide Ex D -2 and he came in possession of the property in dispute. The respondents -plaintiffs, who are the reversioners of Gauri Singh, felt aggrieved and filed a civil suit for cancellation of the said adoption deed, in the Court of Sub -Judge, Sundernagar, which was decreed on 27 -2 -1954, whereby the adoption deed was held to be inoperative qua the rights of the reversioners after the death of Kamla Devi. Thereafter, Kamla Devi died and the respondents -plaintiffs filed the suit, out of which the present appeal has arisen, for possession of the property in dispute, on 1 -5 -1968 In the meantime, Ghatot Kach had executed a gift deed of the property in dispute in favour of his sons and daughters on 6 -12 -1963, who are impleaded as defendants in the suit.

(3.) The defendants resisted the suit and denied that the adoption deed Ex. PA stood cancelled by judgment dated 27 -2 -1954 Ex. PB holding the respondents -plaintiffs entitled to the possession of the suit property as reversioners on the death of Kamla Devi. However, it was admitted that the suit property belonged to Gaud Singh, on whose death it was inherited by Kamla Devi and had been in possession of Ghatot Kach since 1952. The trial Court dismissed the suit holding it time -barred. The trial Court found that the suit was filed on 1 -5 -1968 after a period of 12 years from the date of death of Kamla Devi on 13 -5 -1955 The findings of the trial Court have been set aside by the Additional District Judge in the impugned decree and judgment. It has been held by the Additional District Judge that on the basis of evidence on record the date of death of Kamla Devi was 13 -5 -1956 and not 13 -5 -1955, as found by the trial Court, as such, the suit of the respondents -plaintiffs was within limitation and it was decreed. Hence, the present appeal which is under Paragraph 32 of the Himachal Pradesh Courts Order and this Court will appreciate the evidence on record to find out whether the findings of fact arrived at by the Additional District Judge are correct or not.