KAILASH CHANDRA Vs. KULAMANI CHAKRA

JUDGEMENT

(1.) THIS is defendants' second appeal against the concurrent decisions of the two lower Courts decreeing the plaintiff's suit for a declaration that he is the validly adopted son of one Jogi Chakra and as such entitled to Inherit all his properties. The defendants are the agnates of the said Jogi Chakra and they challenged the alleged adoption of the plaintiff by Jogi Chakra.

(2.) HENCE , the main question for decision by both the Courts was whether the plaintiff was validly adopted by Jogi Chakra. The lower appellate Court after full discussion of the oral evidence held that the evidence was somewhat unsatisfactory and if the case had rested entirely on oral evidence, his conclusion would have been against the case of adoption. But he thought that the defendants were estopped from raising this question in view of compromise decree passed by a competent Court in O. S. No. 67 of 1946. That suit was brought by the plaintiff himself against the said Jogi Chakra for a declaration that he was the validly adopted son of Jogi. The suit ended in a compromise wherein Jogi unambiguously admitted that the plaintiff was his adopted son and a decree was also passed on the basis of the compromise. The defendants claimed title to the disputed property through Jogi Chakra and consequently ordinarily they would be bound by that the said compromise decree.

(3.) THESE principles have been followed in innumerable Indian decisions and I need refer only to Ramrao v. Dattadayal, AIR 1948 Nag 364 (D) and Raja of Venkatagiri v. Madras Province, AIR. 1947 Mad 5, (2) (E).