SHERA Vs. JIWANI

JUDGEMENT

(1.) This second appeal is directed against the concurrent decisions of the Courts below dismissing the plaintiff's suit.

(2.) The plaintiff is one Shera. By a written registered deed of adoption he was adopted by Mst. Patori. In the deed of adoption it was clearly provided that her daughter or the daughter's children would have no interest in the property after her death, and it will pass on to the adopted son. However, Mst. Patori made gifts of the entire property by two registered deeds, dated 30th June, 1959 and 31st July, 1959, in favour of her daughter and daughter's son. This led to a suit by the adopted son. He challenged the alienations on the ground that he being the adopted son, the property vested in him and Mst. Patori could not alienate the same.

(3.) On the pleadings of the parties the following issues were framed :-