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1999 Supreme(SC) 196

K.VENKATASWAMI, A.P.MISRA
Badni – Appellant
Versus
Siri Chand – Respondent


Order

In all these appeals, the common question that arises for consid­eration is whether the High Court of Punjab and Haryana was right in dismissing the Regular Second Appeals as abated on account of the death of one of the appellants.

2. Brief facts leading to the filing of these appeals are as under :-

The first respondent herein (since deceased), second respondent and the husband of the third respondent (hereinafter referred to as the ‘Plaintiff-respondents’ for convenience) filed eight suits for possession of the suit land by way of redemption in the Court of Sub-Judge, 1st Class, Palwal, District Gurgaon. The appellants contested the suits, contending inter alia, that the plaintiff-respondents were not the successors-in-interest of the deceased Durga Devi, to whom the suit land originally belonged. It was claimed by the plaintiff-respondents that their father, Charan Singh, was adopted by one Rattan Singh, who was, admittedly, entitled to succeed along with the appellants on the death of Durga Devi. The adoption was disputed by the contesting defen­dants (appellants herein) in the suits. However, the trial Court as well as the Appellate Court held that the adoption was true and


















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