BASANTA KUMAR DAS Vs. BINAYAK DAS AND ORS.

JUDGEMENT

(1.) THE Plaintiff sued for a declaration that he was the adopted son of Defendant No. 1 and claimed that the alienation made by Defendant No. 1 on 10 -10 -1966 in favour of Defendants 2 and 3 was a sham transaction, not affecting his interest in the property. It was further alleged that the Defendant No. 1 had executed a valid deed of adoption on 2 -7 -1956 (Ext. 4) on the day following the actual adoption which he cancelled on 11 -10 -1966 (Ext. 5) on the plea that the Plaintiff refused to come and stay with him.

(2.) THE Defendants 1 to 4 filed a joint written statement and claimed that the disputed property was the self -acquisition of the Defendant No. 1. There was no adoption of the Plaintiff by the Defendant No. 1 and the deed of adoption said to have been executed by Defendant No. 1 was a fraudulent one which had been manipulated by the natural father of the Plaintiff. Having come to know of the fact that he had been duped, the Defendant No. 1 had already cancelled the deed of adoption. The sale in favour of Defendants 2 and 3 was said to be consideration and on ground of pressing necessity.

(3.) THE Plaintiff did not challenge the finding in regard to the alienation. The same has, therefore, assumed finality. The Defendants filed on appeal challenging the finding of adoption. The lower appellate Court reversed the finding regarding adoption and directed dismissal of the suit. This second appeal has been carried against the reversing decree of the learned Additional District Judge.