MOTI LAL Vs. SARDAR MAL

JUDGEMENT

(1.) This second appeal to directed against the judgment and decree of the learned District Judge, Jodhpur, dated 8th July, 1966 by which the two appeals NOS. 25 of 1962 and 131 of 1962, filed by the defendants against the preliminary decree and the final decree passed in a suit for redemption by the Additional Civil Judge, Jodhpur, were dismissed with costs and the cross- objections filed fey Sardar Mal and has son Sudan Mal were partly accepted and the amount of mesne profits at the rate of Rs. 60 p.m. with effect from the date of final decree till the date of tine judgment of the learned District Judge, was added in the decree as payable by the defendants to the plaintiffs.

(2.) The relevant facts giving rise to the suit for redemption, out of which this appeal arises, may be described as follows :-

(3.) Sardar Mal and his son Surjan Mal filed a suit for redemption of a shop in dispute situated in Sire Bazar. Jodhpur, on the basis of a mortgage-deed (Ex. 25) executed by Mst. Bugi widow of Ladu Ram in favour of Chunni Lal Baheti on Falgun Sudi 10 Samwat-year 1957 (28-2-1901). The suit was filed against Manak Lal and Moti Lal sons of Chunni Lal and their mother Mst. Dhapi Bai alias Tulsi Bai. The allegations in the plaint were that one Ladu Ram owned and possessed a shop situated in Sire Bazar, Jodhpur. He died in Samvat-year 1956 leaving behind has widow Mst. Bugi and. his two married daughters Mst. Sayar Kanwar and Mst. Udi. He had two sons Narain Das and Ranchor Das. During the lifetime of Laduram, Ranchor Das went in adoption to another family at Laskar and Narain Das went away from has house and was not heard of thereafter by his parents and others, who would naturally have heard of ham, if he had been alive. After Ladu Ram's death, his widow Mst. Bugi took Sardar Mal plaintiff in adoption and kept him with her tout she could not execute an adoption-deed in his favour. She went to Laskar for bringing back the will executed in favour of Ranchor Das but to Laskar she fell sick and died in the month of Baisakh Samvat-year 1971, Before her death, she. however, directed her daughter Sire Kanwar and close relative Garu Ram Jajoo to execute a deed of adoption, in favour of Sardar Mal on her behalf and get it duly registered. In pursuance of her directions the daughters of Mst. Bugi executed a deed of adoption to favour of Sardar Mal Jajoo and got it duly registered by the then registering authority, Since then Sandar Mal was being treated as an adopted son of Ladu Ram. The alternative case of the plaintiff Sardar Mal was that if lor any reason his adaption is not considered to be valid in the eye of law, he became owner of the properties of Ladu Ram, because Ladu Ram's nearest reversioner Goru Ram relinquished his claim to Ladu Ram's property in his favour on 24-1-1922 and on Ashad Sudi 9, Samvat year 1979 by executing a will in his favour. Similarly Kanhaiya Lal son of Ranchor Das also relinquished his claim, if any. to Ladu Ram's property in his favour by executing a registered deed of relinquishmemt on 2nd July, 1936.