HARI RAM Vs. SURJA AND ANR.

JUDGEMENT

(1.) This second appeal has been filed by the Plaintiff -appellant against the judgment and decree passed by the Additional District Judge, Narnaul, on 15.6.1978, by which the appeal filed by the Plaintiff -appellant was dismissed and the judgment and decree passed by the trial Court on 22.2.1973 was upheld.

(2.) Briefly stated, the case of the Plaintiff -appellant is as follows: The Plaintiff was taken in adoption by Smt. Gorli after due performance of religious ceremonies on 27.7.1969 and a registered adoption -deed was executed by her on 28.7.1969 and, as such, he became the adopted son of Smt. Gorli. It was further pleaded by the Plaintiff that Suraj and Pala, Defendant -respondents Nos. 1 and 2, got two gift -deeds executed in their favour on 22.8.1969 and 26.11.1969 respectively by fraud and misrepresentation and that these gift -deeds were against law and cannot divest him from inheriting the estate of Smt. Gorli.

(3.) The suit filed by the Plaintiff -appellant was resisted by Suraj and Pala, the Defendant -respondents Nos. 1 and 2, on the ground that the Plaintiff -appellant was never adopted as a son by Smt. Gorli, because the ceremonies of giving and taking in adoption were not performed. It was further pleaded by the said Defendants - Respondent that Smt. Gorli was the absolute owner of the property and, as such, she was competent to gift away her property in their favour.