PRAHALLAD MISHRA Vs. BENGA DIBYA

JUDGEMENT

(1.) ONE Narayan Acharya and Benga Dibya filed Title Suit No. 46 of 1979 claiming for partition. In the said suit one Karuni Acharya was arrayed as defendant No. 1. Suit was decreed preliminary on 24 -4 -1985 and against the said judgment defendants 10 to 12 had filed Title Appeal No. 44 of 1985.

(2.) DURING pendency of the Title Appeal, Karuni Acharya died. Two applications were filed for impletion as respondents in place of late Karuni as his legal representative. The present applicants are claiming to be Class -II heirs being sons of a pre -deceased sister. Another application was filed by one Raghunath Acharya (opp. party No. 2) claiming to be the adopted son of late Karuni Acharya. As dispute arose regarding the question as to who is the legal heir of Karuni, the Appellate Court directed the Trial Court to enquire into the matter under Order 22 Rule 5, C.P.C. Learned Trial Court in pursuance of the order passed by the Appellate Court conducted the enquiry and gave the finding that Raghunath Acharya was validly adopted by late Karuni Acharya and is a Class -I heir. Challenging this finding of the learned Trial Court, the present Civil Revision has been filed.

(3.) IN this case, I find that all the requirements as envisaged under Section 16 of the Act have been satisfied. This document has been executed by the adoptive father and natural parents of Raghunath Acharya. The document has also been duly registered and acknowledges the factum of adoption of Raghunath Acharya by late Karuni. In that view of the matter, presumption arising out of Section 16 of the Act is attracted to this document. Besides the witnesses examined on behalf of Raghunath Acharya proved that Raghunath Acharya was validly adopted on the 'Dola Purnima' day of 1974. The evidence of the witnesses examined on behalf of the petitioners do not disprove the fact of adoption of Raghunath Acharya.