Pratap Krishna Lohra, J. - (1.) UNSUCCESSFUL in her pursuit for cancellation of adoption deed in favour of the first respondent and partition of property, a biological daughter of late Shivram Tak, the appellant -plaintiff has preferred this first appeal under Section 96 of the Code of Civil Procedure, 1908 (for short 'CPC').
(2.) THE facts apposite for the purpose of this appeal are that appellant -plaintiff laid a civil suit for partition of the immoveable property, injunction and for declaration of adoption deed dated 16.06.1992 as nullity. By the said adoption deed, late Shivram Tak and his wife Shanti Devi adopted first respondent as their son. At the threshold, the suit was filed on 21.12.1998 wherein Smt. Shanti Devi, mother of the appellant was also arrayed as defendant and the first respondent herein in this appeal Prithvi Singh was arrayed as defendant No. 2. In the plaint, the appellant has averred that Smt. Shanti Devi is wife of late Shivram Tak and respondent Prithvi Singh is brother of Smt. Shanti Devi. The entire property owned by late Shivram Tak for which partition is sought was mentioned in the plaint and description of the property in vernacular as made in the plaint reads as under: -
(3.) THE appellant made a specific averment in the plaint that the entire property was purchased by late Shivram Tak at villages Boranada and Narnadi out of the income of the joint family and as such the appellant plaintiff and her mother are only two legal representatives to inherit the same. For other land property also, it is urged in the plaint that the same was purchased by late Shivram Tak out of income of joint family and, therefore, the appellant and her mother are owners of the said property after his death. In substance, the appellant has emphasized that late Shivram Tak is survived by only two legal heirs and, therefore, both of them are entitled for equal share in the property.;