SANGRAM SINGH Vs. ROOP LAL

JUDGEMENT

(1.) THIS is a second appeal which arises from the appellate judgment and decree of District Judge, Pratapgarh, dated March 22, 1963.

(2.) AS the appeal succeeds on the question of jurisdiction which was the subject matter of issue No. 5 in the trial court, it is not necessary to state the facts in any detail.

(3.) DEFENDANT Bhooralal denied having taken the plaintiff in adoption and traversed the claim in the suit altogether. He died during the course of the trial and his name was struck of from the cause title. Separate written statements were filed by the remaining defendants. Defendants Sangram Singh and Mohanlal filed one written statement. They denied the plaintiff's adoption as well as the claim that the suit lands were ancestral properties. It was pleaded that the sale was made for legal necessity and that defendant Bhooralal could make the sale in his capacity as the manager of the family. They also pleaded that the case was triable exclusively by a revenue court. It is not necessary to refer to the other written statement.