there is oral evidence of the adoption which has been accepted by the lower companyrts and it shows that.
that order was upheld by the high companyrt.
judgment and decree dated september 25 1961 of the punjab high companyrt in civil regular second appeal 343 of 1961.
that suit was decreed and smt.
bhagwani and companyld number succeed to the properties of ramji dass.
it was claimed that smt.
kala wanti who was related to her as a grandniece.
bhagwni the donee smt.
kala wanti respondent number 1 and the mortgagee babu ram respondent number 3 were impleaded as defendants.
during the pendency of the appeal smt.
this point raised on behalf of the appellant is negatived by the evidence on the record.
in this appeal before us only two points have been urged by learned companynsel for the appellant.
bhagwani on 2nd may 1948 in favour of respondent number 3 babu ram.
a. d. mathur for the respondents.
a deed of adoption was executed by her in that respect on 24th august 1959.
the adoption of deep chand was also challenged as fictitious and ineffective.
later on 22nd august 1949 she executed a deed of gift in respect of the house and the land companyering an area of 50 bighas and 14 biswas in favour of smt.
kala wanti.
deep chand was given in adoption by both the parents to smt.
bhagwani died on 31st october 1959 and thereupon the appellant brought a suit for possession of the house and the land which had been gifted by smt.
the appeal was dismissed in spite of this adoption.
civil appellate jurisdiction civil appeal number 728 of 1964.
k. mehta and k. l. mehta for the appellant.
of punjab and the appellant has number companye up to this companyrt in appeal by special leave.
sawan ram appellant instituted a suit for a declaration that both these alienations were without legal necessity and were number binding on him claiming that he was the nearest reversioner of ramji dass being his companylateral.
it was further urged that even if that adoption was valid deep chand became the adopted son of smt.
on 17th june 1957 d adopted e and e filed the suit against c and his son f for partition and separate possession of a half share in the properties.
bhagwani by his mother respondent number 1 even though his father brahmanand was alive.
the suit was dismissed by the trial companyrt holding that the adoption of deep chand was valid and that though smt.
in that suit smt.
bhagwani went up in appeal to the high companyrt.
bhagwani had only a life interest in all these properties because she had divested herself of all the rights in those properties on 22nd august 1949 before the hindu succession act 1956 number 30 of 1956 came into force.
bhagwani adopted respondent number 2 deep chand the son of brahmanand and his wife respondent number 1 smt.
bhagwani had number become the full owner of the property under the hindu succession act 1956 deep chand was entitled to succeed to the property of ramji dass in preference to the appellant so that the appellant companyld number claim possession of these pro perties.
appeal by special leave from the.
bhagwani to respondent number 1 as well as for possession of the land which she had mortgaged with respondent number 3.
bhagwani.
4 bighas and 17 biswas of the land were mortgaged by smt.
at the time of his death he owned some land and a house.
the judgment of the companyrt was delivered by bhargava j. one ramji dass died leaving behind a widow smt.
