- (1.)This is plaintiff's appeal whose suit for possession of the agricultural land has been dismissed by both the Courts below.
(2.)Mohan Singh alias Mona was the owner of the suit land, measuring 124 kanals 19 marlas, fully described in the plaint. He gifted this land, alongwith a pucca house, in favour of Viru, defendant No. 1, vide gift deed dated 16th February, 1957. This gift deed was challenged by way of civil suit and the same was decreed on 20th August, 1960, declaring that the gift shall not effect the reversionary rights of Mohan Singh. The plaintiffs claiming themselves to be the nearest heirs of Mohan Singh (deceased) filed the present suit for possession of the property left behind by him. The suit was contested on the plea that the plaintiffs were not the only surviving heirs of Mohan Singh (deceased). It was pleaded that the defendant No. 2 Gulzar Singh was the adopted son of Mohan Singh (deceased) and as such, he was entitled to succeed to his estate and that the plaintiffs had no right, title or interest in the suit property.
(3.)Thus, the main controversy between the parties was, whether Gulzar Singh defendant No. 2 was the validly adopted son of Mohan Singh (deceased) or not ?