SAMEY SINGH Vs. SANTRA

JUDGEMENT

(1.) This is second appeal by defendant No. 1 Samey Singh who has been unsuccessful in both the courts below.

(2.) Respondent Nos. 1 and 2 filed suit against the appellant and proforma respondent No. 3. Admittedly, respondent Nos. 1 to 3 are daughters of Surta from his wife Sarti. Defendant No. 1 appellant is son of proforma respondent No. 3 Shanti. Plaintiffs' case is that the plaintiffs and defendant No. 2 i.e. proforma respondent No. 3 have inherited suit property left by their parents Surta and Sarti, in equal shares. However, the defendants in collusion with Patwari succeeded in obtaining a mutation in favour of defendant No. 1 on the basis of gift deed dated 15.2.1972 and Will dated 19.3.1974 allegedly executed by Sarti. However, the plaintiffs have challenged the said gift deed and Will in the plaint on various grounds including the ground that the same were never executed by Sarti.

(3.) Defendant No. 1 pleaded that Sarti had no male or female child. It was also pleaded that defendant No. 1 was adopted by Sarti while defendant No. 1 was aged one year only. However, later on adoption deed dated 15.2.1972 was also executed by Sarti. It was pleaded that Sarti adopted defendant No. 1 with the consent of her husband as well as consent of natural parents of defendant No. 1. It was also pleaded that Sarti also executed Will on 19.3.1974 in favour of defendant No. 1. Accordingly, defendant No. 1 claimed to have inherited the suit property on the basis of Will and adoption. Defendant No. 2 in her written statement also supported the stand taken by defendant No. 1.