RAGHUBIR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THE present writ petition arises out of suit No. 50 of 1970 filed by the petitioner under Section 229 B of the U.P.Z.A. & L.R. Act for declaration that he being brother of Komal Singh, the last male tenant of the land in dispute is entitled on the death of Smt. Mohni Kunwar to succeed his property. The property in dispute, indisputably, belonged to one Sardar Singh son of Bhoop Singh. The case of the petitioner was that Sardar Singh had adopted Komal Singh as his son on 23.1.1927. Komal Singh married with Smt. Mohni Kunwar, who died on 27th of February, 1965. The petitioner Raghuveer Singh claims that there were four brothers namely Sardar Singh, Baldev Singh, Lakshman Singh and Lochan Singh. The petitioner is from the branch of Lochan Singh claiming himself as his one of the grandsons of Lochan Singh.

(2.) THE suit was contested by Awadhesh Kumar, the respondent No. 3 herein on the ground that he was adopted by Mohni Kunwar on 16.2.1964 and therefore, after the death of Komal Singh and Mohni Kunwar, his adoptive father and mother, he has inherited the property left by Sardar Singh.

(3.) AGAINST the aforesaid judgment of the First Appellate Court two second appeals being second appeal nos.181 and 43 of 1973 -74 were preferred before the Board of Revenue, U.P. at Allahabad - one by Raghuveer Singh, the present petitioner and another by Awadhesh Singh (Awadhesh Kumar). The Board of Revenue by its impugned judgment dated 14th of September, 1981 dismissed the appeal No. 181 preferred by Raghuveer Singh and allowed the appeal No. 43 filed by Awadhesh Singh. It has been held that there is evidence on record to show that Komal Singh was adopted son of Sardar Singh. The said fact finds corroboration from the extract of the death register dated 23.1.1927 and various other documents such as oral statement recorded in Civil Suit No. 4 of 1955 and also finds corroboration from the consolidation proceedings. Having held so, the suit of the petitioner was dismissed on the ground that after adoption of Komal Singh by Sardar Singh, the petitioner Raghuveer Singh is not entitled to succeed the property of Komal Singh as he ceases to be real brother of Raghuveer Singh. It proceeded further and examined the issue with regard to the adoption of Awadhesh Kumar Singh by Smt. Mohni Kunwar widow of Komal Singh. After discussing the evidence led by the parties, it was concluded that adoption of Awadhesh Singh (Awadhesh Kumar) is proved and therefore, after the death of Mohni Kunwar, it is Awadhesh Kumar who inherited the property in dispute which originally belonged to Sardar Singh.