Judgement

RAGHUBAR DAYAL, J.: This appeal, by special leave, is by the defendants against the decree in a suit instituted by the respondent for recovery of possession over certain plots of land. The plaintiff-respondent alleged that the plots were owned and possessed by Kartar Singh who had adopted the respondent about two years before his death. The defendants, it is alleged, got mutation made over the land in suit collusively with the revenue officials and secured possession over them by successfully inducing the tenants to pay rent to them.

2. The defendants accepted the allegation that Karatar Singh owned and possessed the land in suit and further alleged:

"Kartar Singh deceased never adopted the plaintiff as his son; nor is this admitted that the plaintiff was the sister s son of Karatar Singh; nor yet was he ever taken in the lap in the presence of the Baradri; nor were any ceremonies of adoption performed; nor could the plaintiff according to the Riwaj-i-am of District Jullundur or Riwaj-i-am if Punjab State be adopted as son; and nor did Karatar Singh deceased ever treat him as his son."

On these pleadings the trial Court framed the following issues:

(i) Was the plaintiff validl