DEEWAN SINGH Vs. BALA SINGH

JUDGEMENT

(1.) Present petition has been preferred assailing the order dated 13.4.2004 passed by Additional District Judge (Court No. 4) Etawah. whereby revision was allowed and order dated 28.10.1997, passed by trial court was set aside and the matter was remanded to the trial court for decision afresh in accordance with law.

(2.) Who is the legal representative of deceased Tula Ram is the pivotal question from which emanates the controversy involved in this petition. Petitioner Deewan Singh claimed heirship on the basis of adoption deed, which he alleged to have been executed by the deceased Tula Ram on 30.11.1976. On the other hand, Bala Singh who is arrayed as respondent No. 1 in the instant petition claimed his rights on the basis of Will deed executed by Smt. Ram Devi alias Bhaggo, widow of deceased Tula Ram in favour of Ranjeet Singh, son of real brother of Tula Ram. The suit in question was instituted by Smt. Ram Devi alias Bhaggo for the relief of cancellation of adoption deed dated 30.11.1976 on the ground that it has been set up with ulterior motive. According to the plaint allegations, the adoption deed was executed on 30.11.1976 by deceased Tula Ram while deceased Tula Ram died on 27.11.1976 in Sarojini Naidu Hospital, Firozabad and by this reckoning, the adoption deed was wholly forged and concocted one. In the written statement filed by Deewan Singh and others, it was pleaded that Smt. Ram Devi alias Bhaggo widow of Tula Ram had died in the year 1962 and the plaintiff of the suit impersonated herself to be Smt. Ram Devi alias Bhaggo and further that she was not widow of deceased Tula Ram and by this reckoning, the Will deed in favour of . Ranjit Singh, son of real brother of Tula Ram was void ab initio and had no evidentiary value.

(3.) I have heard learned counsel for the parties and perused the papers bearing on the controversy involved in this petition.