BRAHMA VART SANATAN DHARMA MAHAMANDAL Vs. KANHYALAL BAGLA

JUDGEMENT

(1.) By judgment and decree dated 18th November, 1983 passed in First Appeal No. 276 of 1967, the High Court of Allahabad confirmed the judgment and decree dated 3-7-1967 passed by the IInd Additional Civil Judge, Kanpur in Original Suit No.66 of 1960.

(2.) After dismissing the appeal, the High Court vide its order dated 18th November, 1983 granted certificate of leave to appeal to this Court.

(3.) The dispute in this appeal is with regard to properties owned by one Durga Prasad Bagla who was owner of considerable property in the City of Kanpur and carried business in the name of M/s. Durga Prasad Bagla, Kanpur and M/s. Harmukh Rai Munna Lal, Delhi. Durga Prasad had third wife Mst. Durgi and that they were having no child. On 1-11-1917, he executed a Will in favour of Mst. Durgi. He died on 9-9-1918 and thereafter on 21st December, 1918, Mst. Durgi adopted deceased Kanhaiya Lal Bagla (plaintiff No.1) and executed an adoption deed also. It appears that there were differences after adoption and deceased Kanhaiya Lal Bagla, minor through guardian, natural father filed Original Suit No.232 of 1924 against Mst. Durgi and another in the Court of Civil Judge, Kanpur for declaration that he was the adopted son and also for possession over the disputed properties. The suit was decreed by the trial Court. Against that Mst. Durgi preferred first appeal No.502 of 1925 before the High Court of Allahabad. That appeal was allowed and the Court hold as under :-