SUBEDAR Vs. USMAN

JUDGEMENT

(1.) THIS is plaintiff's second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') challenging findings of facts recorded by both the Courts below. The plaintiff-appellant filed a civil suit challenging mutation No. 3348 dated 11-9-1984 sanctioned in favour of the defendant-respondents. He further sought a declaration to the effect that he being the adopted son of one Smt. Kapoori has become owner in possession of the suit land detailed in the heading of the suit.

(2.) THE trial Court recorded the findings that the plaintiff-appellant was adopted by Smt. Kapoori in accordance with the customary law applicable to the parties. It was further found that the adoption deed Ex. PW-1/A dated 17-7- 1984 which is a registered document was validly executed by the parties and Subedar plaintiff-appellant was taken in her lap by Smt. Kapoori. However, the trial Court came to the further conclusion that adoption deed Ex. PW-1/A was cancelled by another document Ex. D1 which has also been proved on record. The adoption deed Ex. PW-1/A was executed on 17-7-1984 and it was cancelled by Smt. Kapoori on 1-8-1984 by Ex. D1 and Smt. Kapoori in fact died on 22-8-1984.

(3.) BEING conscientious of the fact that the plaintiff-appellant who had claimed estate of Smt. Kapoori after her death being her adopted son and the fact that the evidence was produced in her absence, the learned Additional District Judge proceeded to scrutinise the evidence very closely. He recorded his dis-satisfaction on the entire oral evidence which he discusses as under :-