KUNWAR SAI Vs. BAIYA BAI

JUDGEMENT

(1.) This is the Plaintiff's appeal, filed under Section 100 of the Code of Civil Procedure. It arises out of judgment and decree dated 11.11.2005, passed by the First Additional District Judge, Surguja, Ambikapur in Civil Appeal No. 4-A/2005, arising out of judgment and decree dated 30.12.2004, passed in Civil? Suit No. 70-A/2004 by the Vth Civil Judge Class-II, Ambikapur (C.G.).

(2.) The brief facts are that the Plaintiff, Appellant herein, filed a suit for declaration of title and also for possession in relation to the suit lands, described in Schedule-A of the plaint. The plaint allegations are that the suit lands were the self-acquired properties of one Jagannath Gond, on whose name, a settlement patta was prepared. Jagannath Gond was issueless. He had taken the Plaintiff as his son form the Plaintiff's father in the childhood of the Plaintiff and had kept the Plaintiff with him as his son and the Plaintiff resided with Jagannath as his son till his lifetime. It is the case of Plaintiff that after the death of Jagannath, the property was succeeded by his wife namely - Smt. Bhokhi. It is further pleaded by the Plaintiff that Bhokhi executed an unregistered will-deed dated 22.1.1989 (Ex.P-1) in favour of Plaintiff declaring him to be the owner of her entire property after her death. Bhokhi died on 25.1.1997 and after her death, the Plaintiff became the owner of entire property, which was originally belonging to jagannath. The cause of action arose when the Defendant, who is the daughter of real brother of Jagannath, claimed the properties as the successor thereof.

(3.) The Defendant resisted the claim of the Plaintiff. It was pleaded by her that the Plaintiff was never adopted as his son by jagannath. Since he falls in remote relation of Jagannath, he was only looking after the agricultural works of Jagannath, along with him. She denied the Plaintiff to be the adopted son of Jagannath. She also denied the valid execution of the Will.