T.B.BHARATH Vs. VANITHA

JUDGEMENT

(1.) A challenge has been made to the decree and judgment of the Trial Court, dismissing the suit filed for declaration and partition.

(2.) The case of the plaintiff/appellant is that he was adopted by the 1st defendant and her husband when he was 45 days old and adoption was done as per the customs and Hindu rites. The 1st defendant educated him in A.E.S.Matric Higher Secondary School upto 8th standard and at that time, his adoptive father died on 25/11/2012. Thereafter, the plaintiff was admitted in Swathi Matric Higher Secondary School at Hosur and was studying 9th standard in the school. As the school fee has not been paid by the 1st defendant, the plaintiff was not permitted to pursue education and he went to his parents house.

(3.) According to the plaintiff, thereafter, he was in the custody of one Rojali's at Kannandahalli and the 1st defendant failed to get back her adoptive son back to her house. Subsequently, the plaintiff came to know that his father Balu @ Balachandran executed a registered Will on 13/12/2009 in respect of 'A' Schedule property and based on the Will, the plaintiff approached the 1st defendant to deliver the Will property and at that time, he came to know that the 1st defendant had obtained a decree in O.S.No.192 of 2013, stating that the property belonged to her. The suit was proceeded as against the minor and represented by one Gowrajammal and therefore, the said decree and judgment is not binding on the plaintiff. Hence, the plaintiff seeks declaration of 'A' Schedule property on the basis of the Will and insofar as 'B' Schedule property is concerned, he seeks partition in respect of half share.