VIDYA DEVI Vs. NAND KUMAR

JUDGEMENT

(1.) IN this appeal only a short point about the validity of the adoption of Indra Jit Singh by Smt. Saras -wati Kunwar is involved. The suit was filed by the plaintiff respondent in January, 1965 as a nearest reversioner of Smt. Saraswati Kunwar, who allegedly died in the later part of 1964. The suit was dismissed by the trial court but on appeal, the lower appellate court has allowed the same. Aggrieved, the defendants have come up in second Appeal.

(2.) IN order to properly understand the case taken up by the plaintiff, it will be necessary to keep in mind the relations between the parties as per pedigree given below : - -

(3.) THE defendants put in contest and alleged that the pedigree set up by the plaintiff was incorrect and that Tulsi Ram had no brother by the name of Vishnu and that Kamta died during the lifetime of Manni Lal and also that one Indra Jit Singh had been adopted by Smt. Saraswati Kunwar according to the direction given by her husband and a registered deed of adoption was also executed by her on 19 -5 -1952. Indra Jit Singh, therefore, claims to be adopted son and on his death the defendants were owners of the property in question. Ajit Singh, defendant No. 1, also died and he is now represented by his legal representatives. A replica was filed by the plaintiff on 12 -9 -1970, in which the adoption was denied and it was also alleged that Manni Lal had never given any authority to his wife to adopt a SOB. It was further alleged that even if the adoption may have been taken place, the same was illegal and that Indra Jit Singh was already married in 1942.