DEWAN CHAND Vs. CHUNI LAL

JUDGEMENT

(1.) In the instant civil second appeal, the appellant herein has challenged judgment and decree dtd. 30/3/2000 passed by the court of Sub Judge, Reasi (for short the trial court) in case tilted as "Chandu vs. Chuni Lal and another" and judgment and decree dtd. 14/7/2006 passed by the court of Additional District Judge, Reasi (for short the appellate court) in case titled as "Dewan Chand vs. Chuni Lal and another".

(2.) Facts giving rise of the filing of the instant appeal reveal that one Chandu substituted by the present appellant, filed a suit for declaration and injunction before the trial court for setting aside an Adoption Deed dtd. 12/2/1985, whereunder the said Chandu was claimed to have adopted respondent 2 herein in adoption, was alleged to have been got executed fraudulently and on misrepresentation of facts by the defendants/respondents herein, stating further that in fact, no adoption had taken place, in that, the ceremonies of giving and taking were never performed, inasmuch as, the defendant 2/respondent 2 herein never lived with the said Chandu.

(3.) The defendants in the suit and respondents herein in response to the summons issued by the trial court appeared and filed written statement to the suit and while opposing the same, contended in the said written statement that the Adoption Deed in question came to be executed by the plaintiff Chandu voluntarily out of his own free will and was drawn and drafted at his instance and that after drafting the same was read over and explained to him, whereafter, he put his thumb impression thereon and that the adoption ceremony was also performed in accordance with the Hindu and Customary Law and that the Adoption Deed was also got registered in the court by the plaintiff Chandu and the parents of the defendant 2/respondent 2 herein, wherein the plaintiff Chandu admitted the fact of the adoption of defendant 2 respondent 2 herein besides having admitted the said adoption in his statement made in an another suit, titled as Mst. Gulan vs. Raj Kumar.