S.B.SINHA, MARKANDEY KATJU
Chhabil Das – Appellant
Versus
Pappu – Respondent
JUDGMENT
S.B. Sinha, J. - Leave granted.
2. Appellant herein was a defendant in a suit filed by Respondent No.1 herein for permanent injunction restraining him from interfering with possession and cultivation of the suit land which was said to be in possession of the plaintiff as a gair marusi tenant. She, allegedly, inherited the said property from her husband Sagar, who died in June, 1988. The appellant in his written statement, inter alia, denied and disputed the said contention and averred that the defendant was in possession of the land in question on the death of Sagar and they had planted about 200 trees on the suit land.
3. The defendant also filed a counter claim. The suit as well as the counter claim filed by the appellant was dismissed. An appeal preferred by the appellant in the Court of District Judge was also dismissed. The Second Appeal preferred by him was also dismissed.
4. The question raised before the High Court as also before us, relates to legality and/ or validity of the order of adoption of Pappu by Jarwali. It was pointed out that the adoption allegedly took place on 28.11.1983 whereas Sagar died in the year 1988, in the plaint, the Plaintiff-Respondent cate
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