ORDER :- This is a defendant's first appeal under Section 96 of the Code of Civil Procedure directed against the judgment and decree dated 7-7-1994 passed by Additional District Judge No.1, Ajmer in Civil Suit No. 252/1993 by which the suit of the plaintiff has been decreed.

2. The plaintiff Sanjeev Kumar had filed a suit for possession, declaration, injunction, recovery of mesne profits and other items with the averments that property bearing AMC No. 28/805 situated at Adarsh Nagar, Ajmer was owned and possessed by Shri Dayaram who died issueless in the year 1957 and after the death of Dayaram his wife Jai Devi inherited his property who also expired issueless in the month of May, 1970, therefore Chameli Devi, sister-in-law (Bhabhi) inherited the said property in accordance to Hindu Succession Act being the nearest surviving member after the death of Smt. Jai Devi. It was further the case of the plaintiff that Smt. Chameli Devi took in adoption to the plaintiff Sanjeev Kumar on 2-5-1974 and a registered adoption deed was also got executed by her; that Smt. Chameli Devi died on 23-4-1975. thereafter Sanjeev Kumar (plaintiff) became the sole owner of the property left by Chameli Devi

Click Here to Read the rest of this document