MUNSHIRAM Vs. SANJHI BAI (DELETED)

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the second appeal preferred by the plaintiff is as under:-

(2.) Plaintiffs-Munshiram Son of Dirpal and Mu. Ratilo Widow of Dirpal brought a suit for declaration of title and permanent injunction stating inter-alia that Dirpal had no son, therefore, he and plaintiff No.2-Ratilo had adopted plaintiff No.1-Munshiram as their adopted son. Plaintiff No.1-Munshiram started staying with plaintiff No.2- Ratilo and after death of Dirpal both have succeeded the suit property and defendant No.1-Sunhari (brother's son) has no right and title over the suit land. During pendency of the suit, plaintiff No.2-Ratoli, widow of Dirpal, died on 5.8.92. The plaintiff claimed the suit property exclusively.

(3.) The defendant denied the plaint allegation stating inter-alia that the plaintiff is not entitled for decree and prayed for dismissal of suit. The trial Court after appreciating oral and documentary evidence available on record, by its judgment and decree dated 15.2.2001, decreed the suit of the plaintiff holding since Ratilo has died and it has not been proved that plaintiff No.1-Munshiram is adopted son of Dirpal & Ratilo and further held that plaintiff No.1-Munshiram is son of Ratilo with her former/first husband Gajju Ram, therefore, he will succeed the suit property under Section 3 (1) (j) read with Section 15 (1) (b) of the Hindu Succession Act, 1956 (hereinafter called as "the Act of 1956"), which was reversed by the First Appellate Court on the ground that there is no such pleading that Ratilo Bai is biological mother of plaintiff No.1 and he is son of plaintiff No.2- Ratilo with her former husband Gajju Ram. Questioning legality and validity of the impugned judgment and decree of the First Appellate Court, this second appeal under Section 100 of the CPC has been preferred by the appellant/plaintiff, in which substantial question of law has been framed by this Court, which has been set out in the opening paragraph of this judgment.