Ashok Bhao, J. - (1.) Plaintiff-appellant having lost in both the Courts below has preferred this Regular Second Appeal to this Court. Inter se relationship between the parties is as under:- ...[VERNACULAR TEXT OMITTED]...
(2.) The dispute is regarding the property of Thiru Ram. It was alleged that Nanak son of Thiru Ram had been taken in adoption by Mohru his maternal grand father. Since Nanak had succeeded to the estate of Mohru, he could not succeed to the property of his natural parents as under the general law of the land, he was not entitled to succeed to the estate of his natural father and could only succeed to the estate of his adopted father. It was alleged that in the present case, revenue authorities by mistake, sanctioned the mutation of inheritance of the property of Thiru Ram to the extent of 1/3rd in favour of Nanak. It was further claimed that the plaintiff and defendants No. 4 to 8 and their ancestors had been in possession of the suit land and Nanank or his successors-in-interest had never been in possession of the disputed land. Nanak died about 40 years back. Consolidation Authorities had allotted a separate khewat from the suit land in favour of Nanak. The other plea taken was that the plaintiff along with defendants No. 4 to 8 had been in possession of the property in dispute for the last more than 100 years, and had thus become owners by way of adverse possession.
(3.) The plea taken by defendants No. 1 to 3 is that Nanak had never been adopted by his maternal grand father Mohru and that the plaintiff had never become the owner of, the suit land by adverse possession as Consolidation Authorities had allotted a separate Khewat from the suit land in favour of Nanak and further that mutation has also been rightly sanctioned in their favour regarding the property of Nanak.;