JASWANT SINGH Vs. BAHADUR SINGH

JUDGEMENT

(1.) The appellant/plaintiff has filed the present appeal being aggrieved by judgment and decree dated 23.3.2001 passed by 1st Additional District Judge, Shajapur in Civil Suit No.12- A/1999 whereby the suit has been dismissed.

(2.) Facts of the case, in short, giving rise to this appeal are as under :

(3.) Shri A.K. Sethi, learned senior counsel appearing for the appellant, submitted that the trial Court has erroneously held that the plaintiff was not adopted by Parwatibai, whereas the plaintiff has examined P.W.1 to P.W.4 who were present at the time of adoption ceremony. Parwatibai herself disclosed the fact of adoption before the SDO in the proceedings under Urban Land (Ceiling & Regulation) Act and the SDO vide order dated 3.9.1975 (Ex. P/5) has closed the case because Parwatibai and her adopted were entitled to hold 54 Acres of land. Merely because the plaintiff has not produced any document like mark-sheet and school living certificate in which name of Parwatibai could have been used as mother, the adoption cannot be denied. Hence, the findings recorded by the trial Court are perverse and liable to be set aside. The appellant is entitled to decree of declaration.