N.N. Tiwari, J. - (1.) This appeal is against the judgment and decree of affirmance passed by the Second Additional Sessions Judge, Fast Track Court, Jamtara in Title Appeal No. 10 of 1991 upholding the judgment and decree passed in Title Suit No. 19 of 1973 by the Sub Judge I, Jamtara.
(2.) The plaintiff filed the suit for adjudication and declaration that Akrur Pandit is a legally adopted son of Dukhu Pandit and is next nearest heir and the successor of the estate left by Dukhu Pandit and that the defendants are liable to be ejected from the land possessed by them. Plaintiff also prayed for a preliminary decree for partition of moiety share of the plaintiff in Schedule 'B' property and ⅓ share in Schedule 'C' property and appropriate decree for Schedule 'A' and Schedule 'D' properties.
(3.) The defendants contested the suit by filing three separate sets of written statements. One by the defendant No. 1, another by the defendants No. 2 and 3 and the third set was filed on behalf of the respondent No. 4 through guardian-ad litem. The defendant No. 1 claimed that his daughter defendant No. 13 is the adopted daughter and sole heir of late Dukhu Pandit. The defendants No. 2 and 3 claimed that Mundia Kumharin was Dukhu's third wile and she had become insane and Dukhu Pandit also had become blind and was in a pi table condition and these defendants looked after him. After the death of Dukhu Pandit, they came in possession of the properties and continued as such and that the plaintiff has got no right or title over the suit property.;