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1994 Supreme(SC) 1209

K.RAMASWAMY, M.N.VENKATACHALIAH
Kuldip Mahaton – Appellant
Versus
Bhulan Mahato – Respondent


Advocates:
B.B.Singh, R.P.SINGH PAL, S.Baggar, S.K.Bagga, SIRAJ BAGGA

ORDER

1. One Upasi Mahato is the common ancestor. He had four sons, out of them Mohit Mahato and Chaturi are his first and third sons. Fargudi and Sukan pre-deceased him leaving no heirs. Therefore, the question of their genealogy does not arise. Mohit Mahato had two sons, namely, Bigu and Bihari, Bigu died. Bigus wife is Smt Munnia. Chaturi had two sons, Deni Mahato and Raghubir. First defendant Bhulan is the son of Deni Mahato. Raghubirs children are the plaintiffs/appellants before us. The appellants laid a suit against Bhulan and his alienees claiming title to and possession of the suit property inherited by their father Raghubir Mahato or in the alternative to get the land of Munnia on her demise as reversioners. It is the case of Bhulan, the first defendant, that he was adopted by Munnia, widow of Bigu when he was young and he was entitled to the possession of the property in his own right as an adopted son of Bigu. Therefore, the appellants are not entitled to the possession. Though the trial court decreed the suit, the appellate court while disbelieving the version of Bhulan held that he was not the adopted son of Munnia and that the appellants would get the property as rev


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