LAWS(JHAR)-2007-5-5

BISHWANATH MANDAL Vs. AJAY KUMAR KAPRI

Decided On May 17, 2007
BISHWANATH MANDAL Appellant
V/S
AJAY KUMAR KAPRI Respondents

JUDGEMENT

(1.) THIS appeal by the plaintiff-appellant is directed against the Judgment and decree dated 5-2-1988 passed by the 7th Additional District Judge, Dumka in Title Appeal No. 77 of 1976 whereby he has reversed the judgment and decree dated 10-7-1976 passed by the 3rd Additional subordinate Judge, Dumka in Title Suit No. 09 of 1974 and finally dismissed the suit.

(2.) THE original plaintiff Ania Kapri filed title Suit No. 09 of 1974 in the Court of Subordinate Judge, Dumka for declaration that the original plaintiff had never taken defendant No. 1 in adoption and that the registered deed of adoption dated 4-2-1974 is void and liable to be cancelled. A decree for perpetual injunction was also sought for restraining the defendants from interfering with the right of the plaintiff in respect of 1/4th share in the suit property.

(3.) THE plaintiffs case in brief, is that Ania kapri, the deceased mother of the present plaintiff, was the widow of late Kalru Kapri. Kalru Kapri died 20-25 years ago leaving behind the widow and son. Karlu Kapri along with his three brothers had been jointly possessing Schedule 'a' property recorded in the abstract khatiyan. The widow of late Kalru kapri inherited her husband's 1 /4th share and came in possession of the same. It was pleaded that mother of the present plaintiff was a rustic and illiterate lady aged about 65 years and during her last days, she was not maintaining good health. The plaintiffs further case is that defendant Nos. 2 and 3 fraudulently brought widow Ania Kapri to dumka on 4-2-1974 and falsely represented that they would advance loan to her provided she executed a registered bhugatbandha deed in their favour by way of security against the loan. In pursuance of this proposal, the widow Ania Kapri in good faith executed and registered a document on 4-2-1974 at the instance of defendant nos. 2 and 3. It is further alleged that when the defendants did not advance any loan to her, she got suspicious and on 16-2-1974 got the said registered deed inspected. To her utter surprise, she found that the deed executed and registered on 4-2-1974 was not Bhugatbandha deed, rather it purported to be a deed of adoption in which the recital was that defendant Nos. 2 and 3 gave their son defendant No. 1 in adoption to the deceased plaintiff on 28-1 -1974. Ania Kapri further denied the allegations that no ceremony of adoption or feast was held on 28-1-1974 and story of adoption was false inasmuch as, the natural parents of defendant No. 1 never gave the latter in adoption nor the deceased plaintiff took the defendant No. 1 in adoption. The plaintiffs further case is that the alleged registered deed of adoption dated 4-2-1974 being false and fabricated, a registered deed of cancellation was executed on 16-2-1974.