VISHAMBHER ALIAS GENDA RAM Vs. KATHTHURAM

JUDGEMENT

(1.) BY this appeal, the appellant has challenged the legality and propriety of the judgment and decree dated 16-12-91 passed by the Second Additional District Judge, Ambikapur, in Civil Appeal No. 62-A/86, affirming the judgment and decree of declaration and permanent injunction dated 7-3-86 passed by the Second Civil Judge Class II, Ambikapur, in Civil Suit No. 157-A/85.

(2.) JUDGMENTS and decree are challenged on the ground that once son is adopted by the adoptive father and mother, then subsequently adoption cannot be cancelled and adoptive son become natural son in the family of adoptive father and mother.

(3.) SUIT for declaration and permanent injunction against the present appellant (alleged adoptive son) was filed by Bechni Bai (alleged adoptive mother). Suit was decreed. The present appellant has preferred an appeal against the judgment and decree of the Trial Court. During pendency of the appeal and after judgment and decree of the suit, sale deed relating to property in dispute was executed by Bechni Bai in favour of respondent Nos. 1 to 8 on 17-7-86. The present appellant alleged adoptive son has contested the suit and pleaded that he is adoptive son and was adopted by the valid adoption deed (Exh. D-3) and he become natural son in the family of Bechni Bai. Any subsequent cancellation of the adoption deed is invalid and illegal. Once person becomes adaptive son having the status of natural son then subsequent deed of cancellation on adoption deed is of no use. The present appellant was co-owner of the property during the life time of Bechni Bai and after death of Baldev and Bechni Bai their properties devolved only upon the present appellant.