JAI LAL Vs. HANS KAUR

JUDGEMENT

(1.) This regular second appeal has been filed by Jai Lal and another, defendants, against the Judgment dated January 16, 1971, of the Senior Subordinate Judge, Narnaul, whereby he accepted the appeal of the plaintiff, set aside the decree of the trial court and decreed the suit of the plaintiff.

(2.) The following pedigree table would be useful for understanding the facts of this case :-

(3.) The facts of this case are that Hans Kaur, plaintiff, was married to Sultan Singh who died about 16 years prior to the filing of this suit. Thereafter she was alleged to have entered into a Karewa marriage with Jai Lal, defendant who was the real brother of her first husband Sultan Singh. She lived with Jai Lal as his wife. Jai Lal executed an adoption deed on 12th September, 1967, in favour of his nephew Roshan Lal son of Amar Singh. The plaintiff brought the suit for declaration to the effect that Roshan Lal was not the adopted son of Jai Lal and that the deed of adoption was illegal because she did not give any consent to the adoption. The suit was contested by Jai Lal, defendant No. 1 and his minor, adopted son Roshan Lal, defendant No. 2. They denied the allegations made in the plaint. It was alleged that the plaintiff never contracted karewa marriage with Jai Lal. On the pleadings of the parties the following issues were framed by the trial Court :-