DINA JI Vs. DADDI

JUDGEMENT

(1.) This appeal arises out of the judgment dated 13-12-1971 of the High Court of Madhya Pradesh in Second Appeal No. 617/89 wherein the learned Judge of the High Court dismissed the Second Appeal filed by the present appellant.

(2.) The present appellant filed a suit for injunction and possession on the basis of a registered sale deed dated 28-4-66 executed by Smt. Yashoda Bai in his favour with respect of Immovable Property including agricultural lands and houses.

(3.) The property originally belonged to her husband and after his death she got it as a limited owner and by influx of time and by coming into force of the Hindu Succession Act, she acquired the rights of an absolute owner. On 28-4-63, she adopted respondent Nain Singh as her son and executed a document said to be the Deed of Adoption. This document is not a registered document and the trial Court admitted it in evidence in proof of adoption. This document, in addition to recital of the factum of adoption in presence of Panchayat in accordance with the custom of the Community also contained a covenant wherein she had stated that after this deed of adoption her adopted son will be entitled (Hakdar) to the whole property including movable and immovable and she will have no right to alienate any part of the property after this deed of adoption.