BARU Vs. TEJ PAL

JUDGEMENT

(1.) This is plaintiff's second appeal.

(2.) The plaintiffs. Baru and Rulha filed a suit for cancellation of registered adoption-deed dated 19-5-1977 executed by Yadram in favour of Sadhu, defendant No. 3, aged about 8 years on the date of execution with other consequential reliefs. The plaintiffs challenged the aforesaid adoption deed being illegal, null and void. Relevant pedigree has been set up in the plaint. Tej Pal, one of the defendants, was living in village and was visiting Yadram frequently. He used to administer liquor to him. Yadram indulged in bad habits. It was alleged that Tej pal in collusion with Hriday Ram and Sube Ram obtained fictitious adoption-deed from Yad Ram. On the strength of adoption-deed Tej Pal took possession over the house of Yadram and also sold his movable properties. Whereabouts of Yadram thereafter was not known. It was apprehended that Yadram was either abducted or murdered. First information report was lodged with the police and case was registered against Tej Pal. The plaintiffs are cousin brothers of Yadram. They claimed to be reversioners and heirs of Yadram. It was alleged that Yadram was a man of unsound mind and no ceremony of adoption took place at the time of adoption.

(3.) The suit was contested on the ground that ceremonies were performed at the time of adoption and that the adoption deed is valid and legal. Yadram was on inimical terms with the plaintiffs. The plaintiffs wanted to grab the property of Yadram. It was also pleaded that the plaintiffs had no right to sue.