LAWS(ORI)-2012-8-16

JAYARAM SAHOO ALIAS BEHERA Vs. BANAMALI SAHOO

Decided On August 03, 2012
JAYARAM SAHOO ALIAS BEHERA Appellant
V/S
BANAMALI SAHOO Respondents

JUDGEMENT

(1.) The plaintiff has filed the suit with the following prayers:-

(2.) The plaintiff, in paragraph - 9 of the plaint has, inter alia, stated that recitals of the document dated 20.06.2005 are down right false and fabricated and the defendant no.1 is neither the natural son nor he has ever been adopted by the plaintiff at any point of time or he has been treated as such in the society or by the relations of the plaintiff nor any giving and taking ceremony ever was held by the plaintiff or by his wife at any point of time.

(3.) The defendant no.1 - petitioner, in reply to the said averments, denied the same and asserted that the recitals in the documents dated 20.06.2005 was as per the instruction of the plaintiff with his active knowledge and desire in consultation with other family members, upon which he instructed the scribe and the deed was scribed as per his instruction. The defendant no. 1 - petitioner specifically asserted that he was adopted by the plaintiff by a giving and taking ceremony performed at that time. He also denied the other allegations made in the plaint.