GIRIRAJ ADOPTED Vs. MOHANI DEVI

JUDGEMENT

(1.) Appellant-plaintiff has preferred this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 18/10/2016 passed in Civil Appeal No.101/2003 by the Court of Additional District Judge No.1, Sikar affirming the judgment and decree dtd. 23/9/2003 passed in Civil Suit No.48/1994 by the Court of Civil Judge (SD), Dantaramgarh, District Sikar whereby and whereunder the civil suit for permanent injunction filed by appellant-plaintiff claiming himself to be adopted son of respondent-defendant Mohani Devi, has been dismissed on merits.

(2.) Heard counsel for appellant at length and perused the impugned judgments and record.

(3.) Relevant facts of present case as culled out from the record are that appellant-plaintiff instituted a civil suit for permanent injunction on 5/7/1994 alleging inter alia that respondentdefendant Mohani Devi is his adoptive mother and plaintiff was adopted by late Shri Bhanwar Lal and his wife Smt. Mohani Devi nearabout 15-16 years ago according to hindu rites and customs. Plaintiff claimed his right as adopted son in the suit property belonging to late Shri Bhanwar Lal and defendant Smt. Mohani Devi and stated that the suit property is ancestral which is in joint possession of plaintiff and defendant. Defendant has no right to sell and transfer the suit property and be restrained not to dispossess the plaintiff. Thus, it is clear that plaintiff claimed his right in the suit property alleging himself to be the adopted son of respondent-defendant.