SUNDAR MAJHI Vs. LUKHI MAJHIANI

JUDGEMENT

(1.) THE unsuccessful plaintiff in T. S. 19 of 1978 of the Court of Sub ordinate Judge, Rairangpur (now Civil Judge, Senior Division) has filed this appeal against the dismissal of his suit claiming right, title, interest and possession for declaring him to be the adoption son of late Chuna Majhi.

(2.) IT is the appellant's case that late Chuna Majhi of Bada Gobra was the recorded owner of 'B' Schedule properties of the plaint. He had three wives, namely, Manda, Dangi and Lukhi. Manda died leaving behind her three daughters, namely, Parbati (defendant No. 2), Sanja and Ganga. After the death of Manda, Chuna married again to Dangi (defendant No. 5), but no child was born through her. Therefore, he married again to defendant No. 1 Lukhi. The further case of the appellant was that through Lukhi two more daughters were born, namely, Maya and Luli, who have been arrayed as defendants 3 and 4 respectively. Since Chuna had no male issue through any of his wives, therefore, he proposed to take the plaintiff as his adopted son who was none other than his agnetic nephew. Rama Majhi, the natural father of the plaintiff gave him in adoption which was accepted by Chuna Majhi. The aforesaid adoption was performed on a day in the month of Magha of 1953. Immediately before the adoption ceremony, Chuna with his two wives went to his cousin brother Rama's house of village Jhalak. In presence of village gentlemen of Gobra and Jhalak villages and also village Padhan giving and taking ceremony of adoption of the plaintiff who was aged about 7 years had taken place. Since then the plaintiff has been looking after all the properties of Chuna as his adoption son. Chuna also performed the marriage of the plaintiff.

(3.) IMMEDIATELY after the death of Chuna, there was family dissension and misunderstanding between defendant No. 1 and defendant No. 5, therefore, the plaintiff prayed for mutation of the entire lands belonging to Chuna in his favour in Mutation Case No. 1208/1971, wherein the Tahasildar directed for recording of the lands belonging to Chuna jointly.