PURNA CHANDRA BADU Vs. RATNAMANI BADU

JUDGEMENT

(1.) THIS Second Appeal has been filed by the sole defendant in O.S. No.8/1986­I against the judgment and decree passed by the learned lower appellate court after the matter was remanded by this Court in an earlier Second Appeal.

(2.) THE suit was filed by one Bamadeb Badu for declaration that the registered deed of gift dated 17.01.1983 is void and not binding on the plaintiff and for further declaration that the defendant is not the adopted son of the plaintiff. Subsequently, on the death of the original plaintiff, the present plaintiff has been substituted as the sole legal representative. Thereafter, the plaint underwent an amendment.

(3.) THE defendant -appellant, in his written statement, apart from denying the allegations made by the plaintiff, took a plea that the present plaintiff, who was substituted in place of the original plaintiff Bamadeb, had no locus standi to challenge the transaction. It was further pleaded that the natural father of the present plaintiff had been adopted to another family and, as such, the present plaintiff, who was substituted in place of late Bamadeb Badu was not the nearest heir. A stand with regard to non -joinder of necessary parties on the ground that other brothers and sisters of the plaintiff had not been impleaded as parties was also taken. It was asserted that the deed of gift had been duly executed by late Bamadeb Badu. A further pleading was made that the defendant had been adopted by late Bamadeb Badu and the transaction is valid and binding on all concerned and the same was not vitiated by fraud.