NEMICHAND SHANTILAL PATNI Vs. BASANTIABHI

JUDGEMENT

(1.) THIS is a second appeal by the original plaintiff who has lost Regular Civil Suit No. 97 of 1983 as well as Regular Civil Appeal No. 180 of 1986 against the present respondent - defendant.

(2.) ONE Shantilal Patni was the husband of Kundanabi and the father of defendant Basantabai. Shantilal expired on 29-4-1969 leaving behind him wife and daughter but no male issue. Deceased Shantilal was having agriculture land bearing survey No. 15 (Gat No. 34) at village Naigaon, Taluka Gangapur which came to be acquired by the Government and the compensation amount was lying in the office of the Land Acquisition Officer, Aurangabad at that time. As Shantilal had not left any male issue behind him, his wife Kundanbai adopted the plaintiff Nemichand as her son on 11-5-1969, that is, on the 13th day of the death of Shantilal.

(3.) IT is the case of the plaintiff Nemichand that he was adopted as per the desire of Shantilal and all the necessary ceremonies according to the custom prevailing in their community were duly performed. The plaintiff Nemichand claims, therefore, a succession to the property of Shantilal as adopted son. Kundanbai, the adoptive mother, then expired on 8-1-1973. But, prior to that had executed an adoption deed on 21-11-1970. The plaintiff therefore claims to be an adoptive son of deceased Kundanbai and as such challenges her last will executed in favour of defendant. To get a declaration as adopted son and for the relief of perpetual injunction restraining the defendant from receiving the compensation amount of the property, the plaintiff Nemichand filed Regular Civil Suit No. 97 of 1983.