DEOKI NANDAN Vs. MADANLAL

JUDGEMENT

(1.) This is an appeal against the Judgment of the Judge on the Original Side of the High Court. The suit out of which this appeal arises was filed by Madanlal, respondent No. 1 for possession of two houses and other moveable properties mentioned in the schedule to the plaint on the allegation that these properties belonged to one Prahlad Das and that the plaintiff as his adopted son was entitled to the suit properties.

(2.) It has to be observed at the outset that no specific plea as to why the adoption of the plaintiff should be declared to be invalid was raised in the case by any of the defendants. But an objection in a general form was raised that the adoption was valid. The trial Court on the evidence, oral and documentary, held that the adoption of the plaintiff was proved and that of the defendant No. 1 was proved. It also held in favour of the plaintiff as regards the validity of the adoption of the plaintiff. The present appeal is on behalf of defendants Nos. 3 and 4, defendants 1 and 2 having compromised the matter with the plaintiff.

(3.) In so far as the factum of adoption of the plaintiff is concerned we must say that there is overwhelming evidence in the case in support of it. (His Lordship reviewed the evidence and proceeded.) We find that these witnesses have been shaken in cross-examination at all. The trial Court has believed them and there is no reason why their statement should be believed. We, therefore, agree with the lower Court that the evidence in the case establishes the adoption of the plaintiff by Prahlad Das.