AKHAY KUMAR Vs. SARADA DAI

JUDGEMENT

(1.) Plaintiff is appellant against dismissal of suit for partition.

(2.) Undisputedly properties belong to Akure who died leaving behind five sons. Ucchabo is one of the sons who died in the year 1944 leaving behind his widow Ambi and two daughters Sarada and Khali. Title suit No. 96 of 1949 was filed for partition of the properties of Akure among the co-sharers and in the final decree Ambi was given a share. While she was continuing with the properties of Uchhaba as a limited owner, the Hindu Succession Act came into force on 17-6-1956, from which day she became absolute owner of those properties. Thereafter, in the year 1962, she sold some properties. In the year 1966, Ambi adopted plaintiff. Even after adoption, she alienated different properties as mentioned in Schedule 'B' of the plaint. Adopted son has filed the suit for partition claiming that he is not bound by transfers made by her adoptive mother.

(3.) Adoption was challenged by daughters of Ambi and the purchasers. Trial Court having held adoption of plaintiff to be valid, T.A. No. 12 of 1974 was filed. This Court while confirming the finding that plaintiff is adopted son of Ambi, set aside the judgment and remanded the suit to give opportunity to plaintiff to assail alienations by giving particulars thereof. Opportunity was given to defendants to file additional written statement. Thereafter, plaint was amended and defendant No. 2 filed additional written statement asserting that Ambi sold one acre, one decimal 6 pautis of land to defendant No. 2 on 5-6-1962 by a registered sale deed by which time plaintiff was not adopted and defendant was in peaceful possession of the same.