2005 Supreme(J&K) 55
S.N.JHA
Gian Chand – Appellant
Versus
Mangi Ram – Respondent
Advocates Appeared:
Advocate For Appellant: P.R. Sharma
Advocate For Respondent: P.R. Sharma
Advocate For Respondent: V.R. Wazir
Advocate For Appellant: V.R. Wazir
1. These are cross appeals from the same judgment and decree of the courts below in a suit instituted by Mangi Ram, appellant in CSA No. 10/94 (hereinafter referred to as the plaintiff), for declaration that the defendant, Gian Chand, appellant in CSA No. 9/94, is not his adopted son and the adoption deed dated 22nd January, 1983 was null and void etc., and for perpetual injunction against him from interfering with plaintiffs possession over the suit house and the lands in question. The trial court by judgment and decree dated 30th December, 1992 decreed the suit. The court held that the adoption was null and void. The Ist appellate court upheld the finding but on the ground that the plaintiff had not sought consequential relief of possession as required under section 42 of the Jammu and Kashmir Specific Relief Act, held the suit to be not maintainable and, accordingly, set aside the judgment and decree of the trial court and dismissed the suit vide judgment and decree dated 31st March, 1994. Both the plaintiff and the defendant preferred appeals, being SA No. 10/94 and SA No. 9/94 respectively. Whereas defendants appeal is directed against the finding on the point of adoption reco
Click Here to Read the rest of this document