NAINALU KRISHNA Vs. K DEBRAJ @ K DEBRAJ PATRA

JUDGEMENT

(1.) Since the common question of facts and law are involved in both the appeals, the same were heard together and are disposed of by this common judgment.

(2.) These appeals have been filed against the common judgment of the learned 1st Additional District Judge, Berhampur. The plaintiff-appellant instituted the suit for declaration.

(3.) The case of the plaintiff was that N. Narsamma was the daughter of N. Sarathi. She was serving as sweeper in Khallikote College, Berhampur. The plaintiff is the son of N. Chinneyya, brother of N. Narsamma. N. Narsamma was a spinster. She adopted the plaintiff at about 9 A.M on makar sankaranti day, when he was aged about 10 years old. There was giving and taking ceremony. The parents of the plaintiff physically handed over to him to N. Narsamma, who accepted him as her adopted son in presence of the relatives. The plaintiff was also looking after Narsamma, when she was ill. Narsamma executed a deed of acknowledgement of adoption as a token of evidence of adoption of the plaintiff on 20.3.92 before the Notary Public. Narsamma died on 24.8.92. The plaintiff was entitled to her retiral benefits. He was entitled to a post under the rehabilitation scheme. It was further pleaded that the defendant, who is the grandson of K. Papamma, the elder sister of Narsamma, had made a false claim and wanted to take all the death benefits of Narsamma on the ground that her grandfather K. Simadri had married to Narsamma and he is the only legal heir to get such benefits. He had created certain documents like affidavit said to have been sworn by Narsamma before the Notary Public and had made a counter claim on the basis of those false affidavits. With this factual scenario, the plaintiff instituted the suit seeking the reliefs mentioned supra.