DURGA DEVI Vs. SHAMBHU NATH

JUDGEMENT

(1.) This is an appeal by Mussammat Durga Devi and her minor son Kali Sahai, two of the defendants to the suit, from a decree, dated March 10, 1916, of the Chief Court of the Punjab, which reversed a decree, dated July 31, 1914, of the District Judge of Amritsar, which had dismissed the suit. The respondents are Shambhu Nath, who is the plaintiff in the suit, and Arjan Singh and Nathu Mal, who are two of the defendants to the suit and have taken no part in this appeal or in the litigation.

(2.) The pedigree of the family to which Shambhu Nath belonged is as follows.

(3.) The suit was brought in the Court of the District Judge of Amritsar on October 21, 1913, for a decree for the possession of two houses, a well, a Kothri and a shop in Amritsar, of which the plaintiff alleged that he, as the adopted son of Ram Chand, was the owner His case is that he was adopted by Pandit Ram Chand in September, 1896, who was the owner of the property in question, and died on July 13, 1897. The case of the defendants Durga Devi and Kali Sahai, her minor son, is that plaintiff was not adopted by Ram Chand and that the suit is barred by the law of limitation The other two defendants, who have no title if the plaintiff is the adopted son of Ram Chand and is not debarred from maintaining the suit by the law of limitation, did not defend the suit and were, by an amendment ofthe decree of the Chief Court, made not liable for costs.