SHYAM LAL MAHANT Vs. NAVRATAN DAS

JUDGEMENT

(1.) This plaintiff's second appeal under Sec. 100 of the CPC was admitted for hearing by formulating the following substantial questions of law: -

(2.) The suit property was originally held by Mantardas Panika and original plaintiff-Piyaribai was his wife, who died during pendency of this second appeal. The plaintiff filed a suit stating inter-alia that she and her husband was issueless. Her husband was kotwar of village Chhatamura and since they were issueless, Ghasidas, father of the defendant, developed intimacy with her husband to get the post of Kotwar and by deceiving her husband on 25/1/1982 got the adoption deed registered stating that they have adopted defendant-Navratandas as their adopted son, whereas she has never given her consent on such adoption and therefore, adoption deed dtd. 25/1/1982 is null and void and on the basis of said adoption deed, the defendant has obtained the post of kotwar, as such, it be set aside and the defendant be restrained from interfering with kotwari land.

(3.) The defendant by filing written statement has denied the averments made in the plaint stating inter-alia that he was validly adopted by the plaintiff and her husband, as such, the plaintiff is not entitled for any relief and the suit deserves to be dismissed.