GIAN CHAND Vs. MANGI RAM

JUDGEMENT

(1.) Both these appeals are under section 100 of the Code of Civil Procedure. It is a case in which both the plainttiff as well as defendant in the suit are not satisfied with the judgement and have challenged the judgement and decree passed by the first appellate court of Addl. District Judge, Reasi. But while the defendant has challengged the judgement and decree of both the trial court as well as Ist. Appellate Court the plaintiff is aggrieved of the decree of the Ist. Appellate Court only. The facts of the case are that the plaintifff Mangi Ram adopted defendant Gain Chand as son. An adoption deed dated 22.01.1983 has also been executed. Soon after he filed suit for cancellation of the adoption deed on the ground that since defendant was already married at the time of adoption so his adoption was void-ab-initio. As a consequential relief he prayed that defendant be restrained from dispossessing the plaintiff from the house and the land owned by him.

(2.) The suit was resisted by the defendant on the plea that there was a custom in the Harijan Community permitting adoption of a married person. It was further pleaded that the defendent was adopted when he was a child and not after his marriage. On these pleaddings following issues were framed by the trial court:

(3.) The suit was decreed by the court of Sub-Judge, Reasi vide its judgment and decree dated 30.12.1992 holding that the petitioner was married at the time of adoption and such a adoption was void-ab-initio because u/s 10 (iii) the defendant was married at the time of alleged adoption and there was neither any custom or usage applicable to the parties which permitted him to be adopted as a married person. The finding of the trial court on issue No.1 has been affirmed by the Ist. Appellate Court of Addl.District Judge, Reasi by judgment and decree dated 30.12.1992.