KISHORI PRASAD SINGH Vs. LALITA DEVI

JUDGEMENT

(1.) THE plaintiff has filed this second appeal against the Judgment of affirmance. Initially the plaintiff filed title suit No.102 of 1971 for declaration of title and recovery of possession with respect to the immovable property and movable property described in Schedule II & III of the plaint. The plaintiff also prayed for decree for pendente lite and means profit from the date of the suit.

(2.) ACCORDING to the plaintiff Bakhori Singh had two sons, namely, Ram Sewak Singh, Chuttar Singh. Ram Sewak Singh died leaving behind Keshwar Singh and Baleshwar Singh. Baleshwar Singh died in 1955 leaving behind Ragho Singh and Anandi Kuer. Anandi Kuer is original defendant No.1. The plaintiff claimed to be the adopted son of Ragho Singh. This plaintiff Kishori Singh is one of the grand son of Chuttar Singh being the son of Rameshwar Singh.

(3.) ON the other hand, the learned counsel appearing on behalf of the respondent submitted that ext.5 is the admission register of the year 1965 in which year the plaintiff was admitted in the school for the first time. According to the plaintiff's claim at the age of 5, he was adopted by Ragho Singh in the year 1955. Therefore, for the first time, he was admitted in the school at the age of 15 after obtaining written permission from the competent authority. In such circumstances, the Courts below have rightly not relied upon the said document. The learned counsel further submitted that the other evidences such as admit cared and the certificates are subsequent to this ext.5 and was prepared on the basis of this ext.5. The learned counsel further submitted that the natural father and mother of the plaintiff did not come to support the case of the plaintiff that in fact there was ceremony of giving and taking by the adopted father and moreover after considering the evidences both the Courts below recorded finding of fact that the plaintiff failed to prove the fact of giving and taking ceremony and accordingly dismissed the suit.