GOPAL KRISHNA Vs. KAMTA PRASAD

JUDGEMENT

(1.) THIS is an appeal by the defendant (as Pauper) against the judgment and decree of the Second Additional District Judge. Gwalior whereby the adoption deed dated 30-6-1960 in his favour was declared null and void and the possession of the houses and lands as per paragraph 7 of the plaint was ordered to be delivered to the plaintiff.

(2.) THE plaintiff Kamta Prasad is the son of Ramchandra (P. W. 1) while the defendant Gopal Krishna is the son of Harimohan (D. W. 2 ). Both of them were closely related to the deceased Gyasiram who adopted the plaintiff on 8-9-1953 and executed a registered document (Ex. P. 1) in his favour. The deceased also adopted the defendant on 30-6-1960 and executed a registered document (Ex. P. 4-A) in his favour. Gyasiram died on 30-7-1960.

(3.) THE plaintiff's case is this : Gyasiram adopted him by performing due ceremony. After adoption the plaintiff lived with Gyasiram and studied. Since Gyasiram was not able to look after him properly he sent him to Ramchandra (P. W. 1) at village ghatigaon where he continued his studies. By a registered deed dated 30-6-1960 gyasiram adopted the defendant but could not do so during the lifetime of the plaintiff. Further on 30-6-1960 and prior to this Gyasiram was old and sick and had lost his power of understanding. He was unable to speak and move and was incapacitated to perform the adoption ceremony. Thus the defendant was in wrongful possession of the houses and the lands in suit. The plaintiff filed this suit to claim a declaration that the adoption deed dated 30-6-1960 was null and void and also for possession of the suit property.