D.K.MAHAJAN
Kartar Singh – Appellant
Versus
Bhag Singh – Respondent
D.K.Mahajan, J.
1. This second appeal is directed against the concurrent decision of the Courts below dismissing plaintiffs suit.
2. The plaintiffs are the collaterals of the last maleholder, Sunder Singh. The defendant claims to be the adopted son of Sunder Singh. He is the son of the Natha Singh. The trial Court held that Sunder Singh had adopted Bhag Singh defendant and in this view of the matter dismissed the plaintiffs suit for possession of the property left by Sunder Singh. On appeal, the learned Senior Subordinate Judge reversed the finding of the trial Court as to the factum of adoption. On consideration of the evidence, the learned Senior Subordinate Judge came to the conclusion that, in fact, the defendant had not been adopted by Sunder Singh. In support of this finding, the learned Judge relied upon Exhibit P.9 a registered will executed by Sunder Singh in favour of the plaintiffs. In case, as alleged by the defendant, he had been adopted, there was no reason why Sunder Singh would have made the aforesaid will. Moreover, after the death of Natha Singh, the natural father of the defendant, he succeeded to his estate. If the defendant had been adopted by Sunder Si
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