SATISH KUMAR Vs. SHIV KUMAR

JUDGEMENT

(1.) THE cacophony in paragraph 2 of the plaint, wherein it is pleaded that Sh.Jiya Lal S/o Sh.Neki Ram is the grandfather as well as the adoptive father of the appellant - the plaintiff, becomes audible music after grappling and jostling with learned counsel for the appellant in Court for 20 minutes, as we understand that Late Sh.Neki Ram was blessed with three sons named: (i) Subhash Chander, (ii) Jiya Lal, and (iii) Laxmi Narayan. The appellant is the son of Hukam Chander who was born to Laxmi Narayan and his wife. Thus, Jiya Lal would be the paternal grand uncle of the appellant and not his paternal grandfather as pleaded in paragraph 2 of the plaint.

(2.) THE dispute pertains to a gift deed relied upon by Shiv Kumar, the first respondent in the appeal and the first defendant in the suit. The donor is Shanti Devi wife of Jiya Lal. The appellant claims that Jiya Lal and Shanti Devi had adopted him. The two died issueless. The appellant states that residing in Australia when Shanti Devi died he was prevented from acting as the owner of property No.L -231, Shastri Nagar, Delhi - 110052 by Shiv Kumar on the strength of the gift -deed dated February 08, 2010.

(3.) THE plaint was found to be undervalued for purposes of jurisdiction and court fee and rather than seek a return thereof, appellant was ill advised to withdraw the suit with liberty to file a fresh suit.