JUDGMENT :

DEEPAK GUPTA, J.

Background : The defendants of the suit are before this Court in the present second appeal, assailing the judgment and decree passed by the learned Additional District Judge, Hisar dated 29.10.1997, whereby the appeal filed by the plaintiff–respondent Smt. Vidya Devi (respondent herein) was accepted; the judgment and decree dated 08.02.1995 passed by the learned Trial Court of Sub Judge 1st Class dismissing the suit were set aside, and the suit for declaration was decreed.

2. For the sake of convenience and to avoid confusion, the parties are being referred to as per their status before the Trial Court. The Trial Court record, as available on the DMS, has been perused.

3.1 Admitted facts : The factual matrix emerging from the record is that one Harchand had three sons, namely Richhpal, Bhagwana and Naurang, besides three daughters, namely Chandrapati, Lakshmi and Basanti. The plaintiff Smt. Vidya Devi is admittedly the daughter of Bhagwana, who was married to Smt. Sarti Devi (proforma defendant No.4). Defendant No.2 i.e. Kulwant Rai is the son of Naurang, whereas defendant No.1 Rajinder Singh is the natural son of Kulwant Rai and defendant No.3 Smt. Tarawanti.

3.2 Plaintiff’s Case : It is the case set up by the defendants that Rajinder Singh, the grandson of Naurang, and son of Kulwant Rai and Smt. Tarawanti, was given in adoption to Bhagwana in November, 1977, and that an adoption deed dated 13.11.1981 was executed and registered in that regard. The said adoption of Rajinder Singh by Bhagwana forms the core of the dispute and has been specifically challenged by the plaintiff Smt. Vidya Devi.

3.3 Bhagwana was a co-sharer of agricultural land in different Khewats situated in three villages. After his death, the suit land owned by him was mutated in favour of his widow Smt. Sarti, daughter Smt. Vidya Devi and the alleged adopted son Rajinder Singh. The plaintiff has assailed these mutations as being illegal and void.

3.4 Apart from the above, it is further pleaded that proforma defendant No.4 Smt. Sarti had suffered a judgment and decree dated 25.09.1985 in Civil Suit No.485 of 1985 in favour of defendant No.1 Rajinder Singh, regarding her share in the suit property. Consequent mutations in respect of the properties situated in the three villages were also sanctioned on the basis of the said decree. The plaintiff has challenged the said judgment & decree dated 25.09.1985 as well as the consequent mutations.

3.5 The case of the plaintiff is that Rajinder Singh was never legally adopted by Bhagwana. It is pleaded that Bhagwana was an illiterate and simple person and that he was taken to the Tehsil office by Kulwant Rai on the pretext of execution of a power of attorney for management of his agricultural land. It is alleged that under the garb of the said power of attorney, the adoption deed was fraudulently got executed. It is further the specific plea of the plaintiff that Smt. Sarti, the wife of Bhagwana, had neither consented to nor participated in the alleged adoption, rendering the same invalid in law.

3.6 On the basis of these allegations, the plaintiff sought a declaration that the adoption deed dated 13.11.1981 executed by Bhagwana in favour of defendant No.1 Rajinder Singh is illegal, null and void as a result of fraud and misrepresentation. Consequential relief was also sought declaring the inheritance mutations in favour of defendant No.1 to be illegal and void. The plaintiff further prayed for setting aside the judgment and decree dated 25.09.1985 suffered by Smt. Sarti in favour of Rajinder Singh, along with the consequent mutations.

4. Defendant’s Stand : Defendant No.3 Smt. Tarawanti, wife of Kulwant Rai, was proceeded against ex parte. Defendant Nos.1, 2 and 4 contested the suit, raising preliminary objections in their written statement regarding limitation and locus standi of the plaintiff. On merits, it was pleaded that Rajinder Singh was given in adoption by his natural parents, namely Kulwant