JAI NAND Vs. SURYA DEV

JUDGEMENT

(1.) SUNIL Ambwani, J. This Second Appeal arises out of judgment and decree dated 16-2-1978 by which the 1st Additional Civil Judge, Meerut dismissed Civil Appeal No. 265 of 1974 against the judgment and decree dated 30-9-1974 passed by Munsif Havali, Meerut in Original Suit No. 548 of 1962 decreeing the Suit for possession, future damages at the rate of Rs. 50/- per month and Rs. 20/- per month as damages from 1-11-1962 to 12-11-1962 with costs and to recover the damages after payment of Court fees and execution. The issue of limitation was decided as issue No. 6 vide order dated 7-12-1970.

(2.) THIS Court did not frame any substantial question of law at the time of admission of this Second Appeal on 27-2-1978. Learned Counsel for the appellant has filed an amendment application dated 14-1- 2005 for adding 11 grounds as substantial question of law to be decided in this Second Appeal. Sri R. S. Misra, learned Counsel for the respondents has objected to the amendment at this stage. The application was allowed. However, only following grounds are found to be substantial questions of law arising from the pleadings and evidence of the case to be considered and decided in this Second Appeal; " (1) Whether the fiction in law for adoption for tenant's father, who had died before adoption would come to the benefit of the adopted son for challenging the sale-deed which was executed by his mother before he was adopted. (2) Whether in absence of claiming relief for cancellation of sale-deed and the consequential refund of sale amount under Section 31 and 33 of the Specific Reliefs Act. The registered sale-deed could be declared to be void on the ground that there was no legal necessity to execute the sale-deed of the property which belonged to minor through adoption deed executed subsequently to the sale-deed. (3) Whether sale-deed dated 22-11-1943 was executed by Smt. Hardevi, widow of Ch. Raghubir Singh for legal necessity to discharge the antecedent debt by registered mortgage deed of 1928 executed by Ch. Raghubir Singh, her husband for payment of Rs. 500/- as land revenue"

(3.) A son was born to Ch. Krishna Swarup on 1-12-1941. Smt. Hardevi, honoured to desire of her late husband, and adopted the child Surya Dev, the plaintiff on 11-6-1944 in accordance with to Hindu rites.