GALLA Vs. MADAN LAL

JUDGEMENT

(1.) This first appeal under Section 96 C.P.C. has been filed against the judgment and decree dated 03.04.1991 passed by the learned District Judge, Tonk in Civil Suit No.9/1997 (85/1990) by which the suit filed by the plaintiff-appellant against the defendant for setting aside the sale-deed and permanent injunction has been dismissed.

(2.) The facts, in brief, are that the plaintiff-appellant filed a suit alleging that he was the adopted son of the deceased Devi Lal and, therefore, Devi Lal could not have sold the agricultural land vide Exhibit-2, the sale-deed, in favour of the defendant Madan Lal as the property was the ancestral property in which on account of the adoption the plaintiff acquired a right by birth and, therefore, Devi Lal, the vendor, having adopted the plaintiff had no exclusive right to sell the land, hence the sale-deed be declared to be null and void.

(3.) The learned trial court framed as many as seven issues. However, the principal issue on which the case of the plaintiff-appellant rests and which alone has been stressed before this court is Issue No.l which pertains to the alleged fact of adoption of the plaintiff by the defendant Devi Lal as in case the plaintiff-appellant fails to prove the same he has no right to challenge the sale by Devi Lal.