MAHESWAR MUKHI Vs. SANU @ SANATAN MUKHI

JUDGEMENT

(1.) This is a plaintiffs' appeal against confirming judgment.

(2.) Maheswar Mukhi instituted T.S. No.69 of 1999 in the court of the learned Civil Judge (Junior Division), Baripada for a declaration that he is the adopted son of Radha Mukhi and permanent injunction impleading the respondent as defendant. The case of the plaintiff is that one Radha Mukhi and his wife Chintamani Mukhi were issueless. They approached his natural father-Fakir Mukhi to give one of his son in adoption. His natural parents agreed to give him in adoption. On the day of Sripanchami of the year 1973, he was adopted by Radha Mukhi and his wife as their son. There was a giving and taking ceremony. His natural parents handed over him to his adoptive parents and his adoptive parents accepted him as their son. At that time he was nine years old. The further case of the plaintiff was that acknowledging the adoption, Radha Mukhi executed a registered deed of adoption in the year 1990. Since then he was brought up by Radha Mukhi and his wife as their son. Radha Mukhi performed his marriage. He stayed in the house of Radha Mukhi. On the death of Radha Mukhi and his wife, he performed their obsequies ceremony. It is further stated that the defendant became inimical to him and his animosity towards him grew after the death of Radha Mukhi and his wife. The defendant instigated other family members of Radha Mukhi not to treat him as the adopted son of Radha Mukhi and dissociated them from keeping any relationship with him. It is apt to state here that during pendency of this appeal, the original plaintiff died; where after his legal heirs and successors have been substituted as appellant nos.1 to 4.

(3.) Pursuant to issuance of summons the defendant entered appearance and filed a comprehensive written statement denying the assertions made in the plaint. The case of the defendant is that he is the brother of Radha Mukhi. Radha Mukhi was a bachelor. Radha Mukhi had not adopted the plaintiff as his son. Pata Mukhi, mother of Radha Mukhi and Syama Mukhi, nephew of Radha Mukhi were staying with Radha Mukhi. They were looking after him. After the death of Pata, Shyama was looking after him most of the time. Chintamani Mukhi was the wife of one Sama Jena, who was the neighbour of Radha Mukhi. The plaintiff is a stranger to the family of Radha Mukhi and as such there was no question of the plaintiff performing the obsequies ceremony of Radha Mukhi.