SIS PAL Vs. SMT. LADO

JUDGEMENT

(1.) The defendant is the appellant before this Court challenging the impugned judgment and decree dtd. 30/3/1989 whereby the appeal preferred by the plaintiff-Lado against the judgment and decree passed by the learned trial Court dtd. 29/10/1988 dismissing her suit, was allowed and the suit was decreed by the learned 1st Appellate Court while declaring the adoption deed dtd. 8/3/1985 Ex.D1 and Will dtd. 8/3/1985 Ex.D2 as illegal, void and not binding upon her.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status before the learned trial Court.

(3.) In brief, the facts are that husband of the plaintiff namely Ram Pat son of Ram Nath was owner in possession of the properties as detailed in para No.1 of the plaint. He died issueless on 1/4/1985. Before his death, he remained ill for about four months and was not having sound disposing mind during the aforesaid period. The defendant on the basis of false and fictitious adoption deed Ex.D1 and Will Ex.D2 alleged to have been executed by husband of the plaintiff succeeded in getting the mutation bearing Nos.4094, 495 and 1073 with respect to some of the land in his name and thus, suit was filed to declare the adoption deed and the Will as null and void and so the mutations entered in the name of the defendant in pursuance to aforesaid adoption deed and the Will.