KULDEEP SINGH Vs. PRITHPAL SINGH

JUDGEMENT

(1.) THIS Civil 1st Appeal is directed against judgment dated 31 -07 -2003 passed by the Principal District Judge, Anantnag.

(2.) THE plaintiff/respondent No. 1 filed a suit for declaration and possession and for seeking mesne profits against the defendants. The suit was filed by the plaintiff/respondent No. 1 seeking ownership rights on the basis of gift deed dated 06 -11 -1968 of land measuring 20 kanals under survey Nos. 410 and 1829 situated at Rambirpora, Anantnag. It is averred that as a consequence of gift deed, the plaintiff/respondent No. 1 was put into possession of the aforesaid land. The said gift deed was not challenged by the defendants. The second limb of the suit relates to 3 kanals and 15 marlas of land under survey Nos. 1829, 8 kanals under survey No. 1838 situated at Rambirpora, Aanatnag on the basis of compromise entered into between the plaintiff/respondent No. 1 and one Jalil Khan who was tenant. The basis of this compromise was that an application for resumption was filed by the plaintiff/respondent No. 1 belonging to defence category against the tenant under the Agrarian Reforms Act. The said suit was filed by the plaintiff/respondent No. 1 being an adopted son of S. Sucha Singh. It is averred in the plaint that he was an adopted son of S. Sucha Singh and entitled to file this suit against the tenant. The plaintiff/respondent No. 1 also claimed l0 kanals of land from survey No. 410 situated at Rambirpora on the basis of compromise arrived at with said Jalil Khan. That the edifice of plaintiff's suit was based on the fact that he was adopted by S.Sucha Singh as his son in his childhood. The plaintiff/respondent No. 1 subsequently amended his suit in which he sought additional relief against the defendants. The additional reliefs claimed by the plaintiff/respondent No. 1 were that he be declared entitled to inherit a share equivalent to son's share from the immovable property of his adoptive father measuring 48 kanals 5 marlas of land under various survey numbers and for cancellation of a deed executed in the year 1975 registered on 22 -01 -1976 as null and void. It is averred in the plaint that the plaintiff/respondent No. 1 was adopted by S.Sucha Singh. Two wills dated 1,7.09.1964 and 27.04.1973 were executed by S. Sucha Singh. By virtue of which he acknowledged that he adopted the plaintiff/respondent No. 1 who would be entitled to share equivalent to that of son from his property.

(3.) THAT the trial court after hearing the parties framed the following issues: