MOTIRAM BHERA KHATI Vs. SUKMA BAI

JUDGEMENT

(1.) The plaintiff-appellant's suit for a declaration that he is the validly adopted son of one Bhera and for an injunction restraining the defendant Bhuribai, the widow of Bhura, from interfering with the plaintiff's possession and enjoyment of the property left by Bhura has been dismissed by the Courts below. His case was that on 31st January, 1951 he was validly given in adoption according to custom and law by his brother to Bhuribai, the widow of Bhura; that the adoption was performed with due rites and ceremonies; that at the time of adoption the defendant Bhuribai executed a deed of adoption also; that after the adoption he became the adopted son of Bhura and as such took possession of Bhura's property and began living with his adoptive mother Bhuribai; that Bhuribai was now denying that the plaintiff had been adopted by her and had let out some houses belonging to Bhura without the plaintiff's consent; and that, therefore, he was compelled to institute the suit praying for a declaration of his status as an adopted son of Bhura and for an injunction restraining Bhuribai from interfering with his possession and enjoyment of the property of Bhura.

(2.) The defendant Bhuribai contested the suit on the grounds that she had never adopted the plaintiff; that as he was an orphan he could not in law be adopted; and that she never executed any deed of adoption.

(3.) The trial judge dismissed the plaintiff's suit holding that he had failed to establish that in the community to which the parties belong the adoption of an orphan was permissible and valid. He expressed no opinion as to whether there was an adoption ceremony on 31st January, 1951 and whether Bhuribai executed a deed of adoption. The learned Additional District Judge of Dewas, who heard the appeal preferred by the plaintiff against the judgment and decree of the trial court, agreed with the decision of the trial court and dismissed the appeal.