- (1.) Plaintiffs including legal representatives of plaintiff no.2 (since deceased) have filed this second appeal, having been non-suited by both the courts below.
(2.) Phuman Singh had six sons i.e. plaintiffs no.1 and 2, proforma defendants no.6 and 7, Surjit Singh and Gurbachan Singh (both since deceased). Shyam Singh plaintiff no.3 is son of Surjit Singh, whereas defendants no.1 to 3 are widow, son and daughter respectively of Gurbachan Singh.
(3.) Plaintiffs' case is that Gurbachan Singh predecessor of defendants no.1 to 3 had been adopted by Mastan Singh brother of Phuman Singh, vide adoption deed dated 19.05.1965, and therefore, defendants no.1 to 3 did not inherit any share in the suit land from Phuman Singh. Sale of part of the suit land by defendants no.1 to 3 along with proforma defendants no.6 and 7 in favour of defendants no.4 and 5 has also, therefore, been challenged in the suit qua the share of defendants no.1 to 3. Defendants resisted the suit and controverted the plaint averments. Alleged adoption of Gurbachan Singh by Mastan Singh was denied. It was pleaded that defendants no.1 to 3 inherited the share in the suit land from Phuman Singh and have rightly sold the same to defendants no.4 and 5. Defendants no.4 and 5 also claimed to be bona fide purchasers of the suit land for valuable consideration. Various other pleas were also raised.;