BABUA BARE LAL Vs. GULZARI DEVI

JUDGEMENT

(1.) THIS is a Defendant's second appeal in a suit for declaration that he was not the adopted son of one Sarju Pandey and in the alternative for a declaration that the deed of adoption dated 11th September, 1959 executed by Sarju Pandey was null and void and ineffective against the Plaintiff.

(2.) BABUA Bare Lal, the Defendant Appellant, was alleged to have been adopted on 19th July, 1953 by Sarju Pandey. Sarju Pandey executed a deed on 11th September, 1959 declaring that he had adopted Babua Bare Lal on 19th July, 1953 and that the boy was living since then as his adopted son; and that he performed his Up Nayan Sanskar and was in joint possession and enjoyment of his properties with him. This document is in the nature of a will executed by Sarju Pandey bequeathing all his properties "to the adopted son." The deed is not signed by the natural father of Babua Bare Lal.

(3.) THE finding whether the Defendant -Appellant was in fact adopted by Sarju Pandey on 19th July, 1953, in accordance with the requirements of a valid adoption, is a finding of fact. Learned Counsel could not establish that it suffers from any error of law. It is accordingly binding on this Court in second appeal. The appeal fails and is dismissed with costs.