TAPADHYAN NEGI Vs. RADHIKA NEGI AND ANOTHER

JUDGEMENT

(1.) Plaintiff is the appellant against an affirming judgment in a suit for declaration that defendant no.2 is not the adopted son of defendant no.1.

(2.) The case of the plaintiff is that Urmila and Radhika- defendant no.1 are the widows of late Kanhei Negi. Kanhei died 25 to 30 years back. After death of Kanhei there was a partition between the widows. The property was divided into two equal shares between them. Kanhei had no issue. His first wife, Urmila adopted the plaintiff on 2.1.75, who was 14 years of old. Thereafter the plaintiff has been treated as the adopted son of Kanhei in all official records. The adoptive mother, Urmila executed a registered deed of adoption on 3.1.75 in presence of the witnesses. It is further pleaded that defendant no.2 is not the adopted son of defendant no.1. When defendant no.2 asserts to possess the land of defendant no.1, the same creates a cloud of suspicion in the mind of the plaintiff over the title of the property. With this factual scenario, he instituted T.S.No.22 of 1991 in the court of the learned Subordinate Judge, Sonepur seeking the relief mentioned supra.

(3.) The defendants entered contest and filed a joint written statement contending inter alia that plaintiff is not the adopted son of Urmila. There was no giving and taking ceremony. On 2.1.75 plaintiff was 15 years of old. Thus, the adoption, if any, is null and void. The plaintiff was never treated as the adopted son of Kanhei by any person or in any official record. It is further pleaded that the plaintiff has no legal interest in the property of defendant no.1 or Urmila. He, being a stranger, has no locus standi to challenge the status of the defendants and as such the suit is not maintainable.