BALWANT SINGH Vs. JOTI PRASAD

JUDGEMENT

(1.) This appeal arises out of an execution proceeding under two decrees dated (I) the 22nd of June, 1917, and (2) the 15th of December, 1917, both of which were passed in one and the same suit No. 63 of 1915, (1) Rai Bahadur Lala Joti Prasad, (2) Lala Raghunath Singh, and (3) Lala Beni Prasad, plaintiffs, versus (1) Chaudhri Balwant Singh, (2) Rana Indar Singh, defendants. The application for execution was made on the 17th of December, 1917, and the prayer made was that possession over taluqa Naogaon, entered in the list annexed to the application, be delivered to the decree-holders against the judgment-debtors Nos. 1 and 2. A further prayer was that the Collector of Saharanpur, who was in possession of the property as a receiver, be asked by a rubkar to deliver possession of the said property to the decree-holders and to hand over to them such sums of money as may be with him in deposit, on account of the profits of the said property. Objections were raised by Balwant Singh, judgment-debtor, to the execution of the decree. Those objections have been disallowed by the learned Subordinate Judge of Saharanpur by his judgement, dated the 5th of April, 1918. Chaudhri Balwant Singh, judgment-debtor, has appealed and in the memorandum of appeal has raised pleas embracing almost all the objections which he had raised in the court below. In order to appreciate the pleas raised and the argument addressed to the Court on behalf of the appellant it is necessary to state shortly the previous history of the litigation.

(2.) One Raja Raghubir Singh was the owner of a considerable property known as the Landhaura Estate. He died in the year 1868, leaving Rani Dharam Kunwar, who was pregnant at the time, its his widow. It is an admitted fact that before his death he permitted and authorized his widow to adopt a son for him, in case the child born of the widow died in its infancy. He further gave permission to adopt another son in case the one adopted were to die in his childhood, in her life-time.

(3.) A child was born after the death of Raghubir Singh, but he having died, Rani Dharam Kunwar adopted one Indar Singh, in 1877. The latter having died, she adopted one Ram Badan Singh in 1883, who also having died in 1885, one Bharat Singh. Was selected in 1893, for adoption, but before his adoption had taken place, he died in 1896. Eventually Chaudhri Balwant Singh, the appellant in this appeal, was adopted on the 13th of January, 1899, and a deed of adoption was executed on that date and was formally registered. The material portions of the said deed" having a bearing upon the questions in dispute in this appeal txro these.