PANDHARI Vs. VITHOBA

JUDGEMENT

(1.) The Second Appeal was admitted on 9th April, 2007 on the following Substantial Question of Law :-

(2.) Present Second Appeal is against the concurrent judgments of both the Courts below.

(3.) The Appellant fled Regular Civil Suit No. 43 of 1982 before learned Civil Judge, Junior Division, Hinganghat. The said suit was fled for partition and separate possession of the property described in the plaint. The respondents-defendants appeared and fled their Written Statements. Issues were framed. Both parties adduced their respective evidence. Learned Civil Judge [Junior Division] dismissed the suit, holding that the appellant-plaintif is the adopted son of Fakira Mude and, therefore, he cannot claim interest in the property left by his real father, Mahadeo. Mahadeo and Fakira were real brothers. Mahadeo had three sons, i.e., appellant and defendant nos. 1 and 2. As per the defence of the respondents, plaintif was given in adoption to Fakira. Fakira was not having any issue. Mahadeo and Fakira partitioned their property. Mahadeo and Fakira were having equal sixteen acres of agricultural land each. The appellant inherited the said property from Fakira. It is the contention of the appellant that he was not given in adoption and, therefore, he has right in the property left by his real father, Mahadeo. Therefore, the suit was fled. Learned Civil Judge [Junior Division], Hinganghat, dismissed the suit. Appeal was fled before the District Judge, Wardha. The said appeal was also dismissed. Hence, the present Second Appeal before this Court.