NARAYAN Vs. BOBDIYA

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 6.7.2009 passed by the Court of I Additional District Judge, Dabra, District Gwalior in Civil Appeal No.5A of 2009 affirming the judgment and decree dated 2.3.2009 passed by the Court of Civil Judge Class I, Dabra District Gwalior in Civil Suit No.104A of 2008 whereby, the suit filed by the plaintiff for declaration of title, permanent injunction and for declaring the adoption deed to be valid against the defendants has been dismissed. In this appeal, the appellant is referred to as "plaintiff" and the respondents as "defendants".

(2.) The admitted facts of the case are that the defendants no.1 and 2 are real brothers of Mayaram and the plot in dispute situated at Laxmanpura, Sausa Ka Chhak, Bujurg, Dabra (which hereinafter would be referred to as "disputed plot") was of the ownership of Mayaram and he was in it's possession. It is also not disputed that the Tehsildar Dabra in Case No.78/03 -04/A -6 vide order dated 31.5.2008 has directed for mutation of the said plot in favour of the defendants, against which, the appeal filed by the father of the plaintiff before the SDO Dabra has also been dismissed.

(3.) The defendant no.1 by filing the written statement denied the plaint averments except the admitted facts stating that the right to the half of the disputed plot was received in succession by defendants no.1 and 2 after death of Mayaram and no such adoption deed was ever executed in favour of the plaintiff. Even the adoption alleged to be executed at the age of 17 was invalid. It was further averred that the defendant no.1 is in possession of half of the share and has also applied for construction before the Nagar Panchayat. Even the name of the plaintiff in voter list has been entered under the paternity of Gangaram and not Mayaram. Hence, it was prayed that the suit filed by the plaintiff be dismissed.