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2010 Supreme(P&H) 1298

ALOK SINGH
Chameli – Appellant
Versus
Ude Singh – Respondent


Judgment

Alok Singh, J.

1. The plaintiff/appellant has filed the present second appeal challenging the judgment and, decree dated 7.10.1986 passed by the learned trial Court and judgment and decree dated 9.4.1987 passed by the learned first Appellate Court/Addl. District Judge (II), Rohtak. By the impugned judgments and decrees, both the Courts have dismissed the suit seeking declaration that the adoption of Krishan, defendant No.3, is illegal, void and ineffective.

2. The brief facts of the present case are that plaintiff has filed this suit for issuance of a declaratory decree, challenging the adoption of Krishan by defendant No. 1, Ude Singh and decree and judgment dated 14.10.1981 passed in favour of Krishan defendant No. 3 and Khazani, defendant No. 2. Plaintiff has averred that Ude Singh, defendant No. 1, has no male issue; plaintiff and defendants No. 2 and 4 are his daughters; the land mentioned in para No. 1-A of the plaint is owned and possessed by defendant No. 1, situated in Village Mehrana; defendants No. 1 to 3, in order to defeat the rights of plaintiff who could have inherited 1/4 share of the total estate of Ude Singh after his death, fraudulently by way of collusiv






































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