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2009 Supreme(P&H) 1376

SHAM SUNDER
Lal Singh – Appellant
Versus
Ran Singh – Respondent


Advocates:
Present:Mr. Bhag Singh, Advocate for the appellant.
Respondent no.1 ex-parte.
Mr. Vivek Suri, Advocate for respondent nos. 2 to 5.

JUDGMENT

Sham Sunder, J.:- This Regular Second Appeal is directed against the judgment and decree dated 25.09.2004, rendered by the Court of Civil Judge (Senior Division), Panchkula, vide which it dismissed the suit and the judgment and decree dated 24.03.2005, rendered by the Court of Additional District Judge, Panchkula, vide which the appeal was dismissed.

2. According to the plaintiff (now appellant), Ran Singh, defendant no.1 (now respondent no.1) was unmarried and issueless. He adopted the plaintiff as his son according to the Custom and Hindu religious rites. The adoption deed was executed on 17.04.1996. It was stated that since the date of adoption, the plaintiff was being brought up by defendant no.1, as his own son and he too treated him as his father. It was further stated that after adoption by defendant no.1, the plaintiff became the owner of the suit property. However, defendant no.1 alongwith defendant no.2 suffered a consent decree dated 26.02.1992, in favour of defendant nos. 3 to 5 (now respondents), who are the sons of defendant no.2 and nephews of defendant no.1, by concealing the true and material facts. The decree was challenged as illegal and void, against the











































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