O.N.SHARMA Vs. GOPAL GUPTA

JUDGEMENT

(1.) The abovementioned petition has been filed by the petitioner against the impugned order dated 5th April, 2013 passed by ADJ-08, Central, Delhi and order dated 1st August, 2011 passed by Civil Judge-6, Central, Tis Hazari Courts, Delhi.

(2.) Brief facts as culled out from the petition are that respondent No.1 being a minor at the time of institution of the suit had filed the suit, being Suit No.51/10/91, through his next friend Sh.Raj Kishore Gupta who was the natural father, however, the respondent No.1 was the adopted son of Late Sh.Gir Parshad. It was averred in the suit that Smt.Sona Devi, wife of late Sh.Gir Parshad was the owner of three storeyed property No.2761, Peepal Mahadev, near Baradari Sher Afgan Khan, Hauz Qazi, Delhi, as per the sale deed dated 26th October, 1970, registered on 27th October, 1970.

(3.) The case of the respondent No.1 is that Smt.Sona Devi had no child of her own and therefore Sh. Raj Kishore Gupta, the next friend of the respondent No.1 being the grandson of the sister of Smt.Sona Devi was brought up by Smt.Sona Devi as her own son and she also performed his marriage. The respondent No.1 is the natural son of Sh.Raj Kishore Gupta and Smt.Sona Devi adopted him as her son on 17th October, 1980, according to Hindu rites. She acknowledged the factum of the adoption of the respondent No.1 in her last Will dated 16th July, 1981, registered on the same day as per which she bequeathed all her movable and immovable properties in favour of the plaintiff. It was averred by the respondent No.1 that Smt.Sona Devi died on 9th July, 1983 and on her death the respondent No.1 became the absolute owner of the suit property being her adopted son as well as on the basis of the Will dated 16th July, 1981.