SUKHLI AND RAMCHANDRA Vs. VEER SINGH

JUDGEMENT

(1.) THIS second appeal arises out of a civil suit filed by the plaintiff (appellants) which was decreed by the trial Court for cancellation of adoption of Veer Singh by Ramlal (defendant No. 1) which was reversed by the first appellate court dismissing the plaintiffs suit, itself. Factual Matrix:

(2.) SMT. Sukhli (Plaintiff No. 1) has married to Harsahay. Harsahay is said to have died four years prior to the filing of the present suit. Thereafter, she is said to have been residing with Ramlal (defendant No. 1) as his wife, after performing village custom and rites. According to her, Ramlal (defendant No. 1) with an oblique motive, adopted Veer Singh as his son from Hardevaram (defendant No. 3) on 4. 9. 70 under a deed of adoption having been manipulated by defendant Nos. 2 & 3.

(3.) AFTER recording the evidence led by both the parties and their arguments were heard, the trial Court decreed the plaintiffs suit cancelling the adoption in question. Against which, the respondent Veer Singh and Ramlal preferred an appeal before the Civil Judge, Jhunjhunu, who allowing their appeal set aside the judgment & decree of the trial court and dismissed the plaintiffs suit for cancellation of the adoption in question. Hence this second appeal on the following substantial question of law formulated by this Court admitting this appeal for consideration: " Whether the finding of the lower appellate court in reversal of the finding of the trial court to the effect that Mr. Veer Singh had been verbally adopted by Ramlal, is perverse?"