RUSHI DHARU Vs. GUPLESHWAR DHARUN & ORS.

JUDGEMENT

(1.) Claiming to be adopted son of defendant No. 1, plaintiff sought for partition of the ancestral properties of defendant No. 1. Trial Court having found plaintiff not to be the adopted son of defendant No. 1, this appeal has been filed.

(2.) Relationship of parties shall be revealed from the following genealogy : <img src="/Docs/624729.jpg">

(3.) Case of plaintiff is that defendant No. 1 gave a proposal to his younger brother (defendant No. 5) to take plaintiff in adoption to which defendant No. 5 agreed. Accordingly, on 20th Dec., 1953, defendant No. 1 and his wife defendant No. 2 adopted plaintiff. In evidence of such adoption, a document was executed which was signed by defendant Nos. 1 and 2. Thereupon, plaintiff left the home of the natural parent in village Tara and resided with defendant Nos. 1 and 2 in their house in village Kapani, till there was dispute with defendant No.1, whereupon, plaintiff left village Kapani to reside in village Tara. Defendant Nos. 5, 6, 9 and 10 in a joint written statement supported case of plaintiff.