SHANKAR LAL AGRAWAL Vs. VISHNU KANT AGRAWAL

JUDGEMENT

(1.) Proceedings of this second appeal were taken-up for final hearing through video conferencing.

(2.) This second appeal preferred by the plaintiff was admitted by formulating the following substantial question of law, on 23.09.2019: -

(3.) Late Shri Damodar had three sons namely, Ramkrishna, Vyas Narayan and Sukhdev Prasad. Plaintiff Shankarlal Agrawal, Vishnukant Agrawal -defendant No.2 and Amritlal Agrawal -defendant No.3 are sons of Vyas Narayan. Ramkrishna Agrawal was issue-less and died as such. He and his wife namely, Ramsundari Bai are said to have adopted Shankarlal Agrawal -the plaintiff herein by registered adoption deed dated 22.03.1972 (it was relied upon by the trial Court and the first appellate Court though not exhibited as an exhibit). Thereafter, partition was held among his sons by Vyas Narayan Agrawal, natural father of the plaintiff, in which plaintiff Shankarlal Agrawal was not given share in the property on account of his having been adopted by Ramkrishna Agrawal and his wife and for the reason that his name having been entered in the revenue records on the property left by Ramkrishna Agrawal being adopted son. Since the relationship of the plaintiff and defendant No.2 -Vishnukant Agrawal were cordial, they jointly purchased property from defendant No.3 by registered sale deed dated 20-3-1986 in which it is the case of the plaintiff that due to typographical mistake and inadvertent error, the name of the plaintiff's natural father came to be recorded as Vyas Narayan Agrawal in place of his adoptive father Ramkrishna Agrawal that led to filing of instant suit for declaration that the adoption deed dated 22-3- 1972 is valid and he is legally adopted son of Ramkrishna Agrawal and consequential relief of rectification of his adoptive father's name in the registered sale deed dated 20-3-1986 was also sought stating inter alia that he has been adopted by Late Shri Ramkrishna Agrawal and his late wife Ramsundari Bai by registered adoption deed dated 22-3-1972 and thereafter, he performed the last rites of his adoptive father and mother and their property has been recorded in his name in the records and he is in possession of their property, but on account of inadvertent mistake in the sale deed dated 20-3-1986 which has crept in, the dispute has arisen between the parties necessitating the plaintiff to file suit seeking aforesaid declaration of the validity of the factum of adoption deed and for consequential relief of correction of the sale deed Ex.P-12.