Judgment :-

M.Y. Eqbal, J.

Leave granted.

2. The plaintiff-appellant assailed the common judgment and order dated 11.05.2009 passed in RSA Nos.122/2008 and 123/2008 whereby the learned Single Judge dismissed both the appeals and affirmed the order passed by the lower appellate court.

3. The facts leading to these appeals may be summarized thus:-

4. The plaintiff (appellant herein) filed a suit being Title Suit No. 80/1985 on 23.04.1985 for declaration that the gift deed dated 28.02.1985 registered on 22.03.1985 alleged to have been executed by defendant No.1 Sarup Singh (since deceased) in favour of defendant Nos. 2 and 3, Pritam Singh and Surjan Singh, in respect of the suit land is illegal, void, ineffective and is to be set aside. A decree for permanent injunction was also sought for restraining defendant No.1 Sarup Singh (now deceased) from alienating the land fully described in the schedule of the plaint. The plaintiff filed the said suit with the averments that he is the adopted son of Sarup Singh alias Sarupa (now deceased) (defendant No.1 in the original suit). The plaintiff’s case is that Sarup Singh and his wife Prem Kaur (now both deceased) had no child and were issueless. They approached the natural father of the plaintiff Kesar Singh and expressed their desire to adopt the plaintiff as their son to which Kesar Singh agreed. Consequently, the plaintiff was adopted as their own son by Sarup Singh and his wife on 16.12.1982 at Village Khatoli, District Ambala. There was actual giving and taking i.e. the plaintiff was allegedly put in the lap of Sarup Singh and Prem Kaur by the natural father Kesar Singh and declared that from 16.12.1982 the plaintiff became their son. It was alleged that all necessary ceremonies including religious and customary formalities were observed and sweets were distributed and since then the plaintiff became the son of deceased defendant No.1 Sarup Singh and his wife. Plaintiff’s further case is that since the adoptive father and mother had become old, the plaintiff started managing the entire property of the family including the land, houses etc., and has been cultivating the suit land. The plaintiff’s further case is that for a few days when he went out of the village, defendant Nos.2 and 3 who are very strong headed and clever fellows removed the deceased Sarup Singh from his house and by misrepresentation and putting pressure to him and by giving threat and undue coercion got the alleged gift deed executed in their favour taking advantage of the unsound and mental weakness of the deceased Sarup Singh. The plaintiff, therefore, filed the suit being No. 80/1985 against Sarup Singh (defendant No. 1) and defendant Nos. 2 and 3 challenging the said alleged gift deed. The plaintiff also alleged that defendant Nos. 2 and 3 have obtained a decree against defendant No.1 regarding the suit property. Plaintiff’s further case is that the plaintiff along with defendant No.1 constituted a Joint Hindu family and was having title in the ancestral property.

5. On being summoned, defendant Nos. 2 and 3 filed their joint written statement taking preliminary objection that the plaintiff is not the adopted son of Sarup Singh as Sarup Singh never adopted the plaintiff and, therefore, the plaintiff has no locus standi to file the suit. Defendants also denied that the plaintiff is in possession of the disputed land. The entire story of giving and taking and celebration was denied. It was also denied that any religious and customary formalities were ever observed in respect of the alleged adoption. Defendants’ further case is that defendant No.1 Sarup Singh executed a gift deed in their favour out of love and affection and in view of the services rendered by them. It was stated that defendant No.1 was the absolute owner of the suit property and was fully competent to alienate the same in favour of defendants.

6. It is pertinent to mention here that earlier defendant Nos. 2 and 3 had also filed a suit being Suit No. 78