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2010 Supreme(P&H) 3088

L.N.MITTAL
Shanti Devi – Appellant
Versus
Mange Ram – Respondent


Judgment

L.N.Mittal, J.

1. Legal representatives of plaintiffs No.1 and 2 along with plaintiffs No.4 and 5 have filed the instant second appeal by impleading plaintiff No.3 Ram Pal as respondent No.10, after remaining unsuccessful in both the courts below.

2. Suit was filed by Roop Ram etc. against Mange Ram defendant-respondent No.1 and Indraj defendant No.2 (since deceased and represented by respondents No.2 to 9). Plaintiffs No.l and 2 and defendant No.2 were sons of Shankar. Plaintiffs No.3 and 4 are sons of Sunehra son of Shankar whereas plaintiff No.5 is son of Hari Ram son of Shankar. Mange Ram defendant No. 1 is natural/biological son of defendant No.2 Indraj. Sumer Chand since deceased was also son of Shankar. He was unmarried and had no biological issue.

3. Mange Ram defendant No.l herein filed civil suit No.261 of 1985 against Sumer Chand alleging that Mange Ram is adopted son of Sumer Chand and there was family settlement between them. Pursuant thereto consent decree dated 28.3.1985 was passed by Senior Sub Judge, Karnal declaring Mange Ram to be owner in possession of the land which was previously held by Sumer Chand. The said consent decree has been challenged in the i








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