LALCHAND DHANALAL Vs. DHARAMCHAND

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the decree, dated 31-8-1960, passed by shri D. P. Vohra, Additional District Judge, Dewas, in Civil Appeal No. 121 of 1959, reversing the decree, dated 29-9-1959, passed by Shri A. K. Sen, Civil Judge, class I, Dewas in Civil Suit No. 418 of 1954.

(2.) THERE was a shop known as 'hemraj Dharmalal', which was owned by dhannalal. He died some time in June 1940 leaving behind his widow, Mst. Sunderbai and his predeceased son, Sohanlal's widow, Mst. Rambhabai. Mst. Sunderbai died some time in November or December, 1945. Before her death, she had adopted the present appellant, Lalchand as a son to her deceased husband by a deed, dated 3-7-1945. Subsequently, the third respondent, Mst. Rambhabai also adopted another son, Mahendrakumar (respondent 2 ). However, we are not concerned with the adoption made by Mst. Rambhabai, widow of Sohanlal. The appellant's adoption was the subject matter of a former decision of the Madhya bharat High Court consisting of M. V. Bhide C. J. and Rege J. to First Appeal No. 27 of 1944, dated 17-9-1946. wherein the learned Judges upheld the factum and the validity of the adoption of Lalchand.

(3.) THE first respondent was also carrying on business under the name of 'dharamchand Dhannalal', which had dealings with the appellant's firm 'hemraj dhannalal. On account of such transactions, an amount was due from the first respondent to the appellant's firm. The first respondent, after settling accounts, acknowledged his liability in writing on 16-11-1944 (Ex. D-3) in the account books of the appellant's firm. When this acknowledgment (Ex. D-3) was made by the first respondent, the appellant bad not been adopted and Mst Sunderbai, the appellant's adoptive mother was alive.