RAJENDRA KUMAR Vs. MAYA DEVI

JUDGEMENT

(1.) This is a plaintiff's first appeal against the judgment and decree dated 9.7.87 passed by the Civil Judge, Unnao dismissing Regular Suit No. 55 of 1982.

(2.) The plaintiff had prayed for a declaratory decree in respect of property in suit and for permanent injunction against the defendant respondent. In brief, the plaint case is that the plaintiff is son of Sri Nihal Jingh alias, Ram Das Murtikar with his first wife. The first wife of said Sri Nihal Singh, namely, the mother of the plaintiff appellant had died while he was quite young. Nihal Singh is said to have married again and the respondent is the second wife of Nihal Singh. According to the plaintiff's allegations, the respondent had brought up toe appellant like her own son. The plaintiff's case further is that his father owned a house at Lucknow but had to sell it as he was indebted. After sale of the house, his father and the respondent started living in a rented house. The appellant then purchased land in the name of respondent as she had all affection for him and later on constructed a house with his own earnings. He called his father and the respondent who started living with him in the house in question. Some persons misguided the respondent, as a result of which she started declaring that she would sell the house, therefore, the present suit was filed.

(3.) The defendant respondent denied the case of the plaintiff. It was denied that the plaintiff was the son of Nihal Singh with his first wife. Purchase of property in suit on the plaintiff in the name of respondent by way of Benami transaction was also denied. The trial court while dismissing the suit recorded a finding against the plaintiff on his pleading that he was son of Nihal Singh. The case of the plaintiff that he had purchased the property by way of Benami transaction in the name of respondent was also rejected.