BABU LAL Vs. LAL CHANDA

JUDGEMENT

(1.) Heard Sri U.N. Dixit holding brief of Sri Aditya Narain Yadav, learned Counsel for appellants and Sri Shailendra Kumar Singh for respondent on the admission of appeal. This second appeal has been preferred by plaintiffs, whereby suit for cancellation of adoption deed in favour of defendant/respondent has been dismissed.

(2.) For the sake of convenience, parties shall be referred as they were described in Trial Court, i.e., as plaintiff/defendant which would include their predecessor also, unless specified otherwise.

(3.) The undisputed facts of the case are that one Shiv Raj had two sons namely Sukh Nandan and Raghu Nandan. Sukh Nandan had a son called Lurkhur and a grandson Jagan. Jagan had four sons namely Babu Lal, Chhavi Nath, Hari Nath and Chhotey Lal. On the other hand, Raghu Nath had two sons namely Prasad and Shiv Prasad. However, it appears that Prasad adopted defendant as his son in 1945, which irked sons of Jagan, which eventually led them to file a suit for cancellation of a deed of adoption in favour of Prasad.