LAW FOR ALL

Cancellation of Gift by third party= The plaintiff (appellant herein) filed a suit being Title Suit No. 80/1985 on 23.04.1985 for declaration that the gift deed dated 28.02.1985 registered on 22.03.1985 alleged to have been executed by defendant No.1 Sarup Singh (since deceased) in favour of defendant Nos. 2 and 3, Pritam Singh and Surjan Singh, in respect of the suit land is illegal, void, ineffective and is to be set aside. A decree for permanent injunction was also sought for restraining defendant No.1 Sarup Singh (now deceased) from alienating the land fully described in the schedule of the plaint. The plaintiff filed the said suit with the averments that he is the adopted son of Sarup Singh alias Sarupa (now deceased) (defendant No.1 in the original suit).= Without going into the question with regard to the custom prevalent amongst the Jats to take in adoption a married man having children, the evidence which has been brought on record goes against the plaintiff-appellant on the basis of which it cannot be held that there was a valid adoption. 17. The plaintiff-appellant impleaded his adoptive father Sarup Singh as defendant No.1 and alleged that he was adopted by defendant No.1. Curiously enough, defendant No.1, the so called adoptive father, contested the suit by filing written statement making an averment that he never adopted him as his son. If the adoptive father himself asserted that he never took the appellant in adoption, the court cannot come to the conclusion that appellant was taken in adoption by defendant No.1.- Apart from that, defendant No.1 adoptive father in his detailed written statement has denied each and every allegation and claimed to be in cultivating possession of the land and further denied that the appellant ever resided with him in his house or helped him in cultivating the land. The evidence, in our view, goes against the appellant and, therefore, it cannot be held that there is perversity in the judgment passed by the two appellate courts.