SHANTI Vs. KESHAR

JUDGEMENT

(1.) THE present appeal filed under Section 96 of CPC arises out of the judgment and decree dated 23.11.1981 passed by the District Judge Jaipur, District Jaipur, in Civil Suit No.6/1971. The appellants, who are the legal heirs of original plaintiff, late Shri Bheru lal Suroliya have filed the appeal, in so far as the findings recorded by the trial court on issue Nos.4 and 5 are concerned, and so far as the appointment of Commissioner for ascertaining the properties of Late Shri Ganpatlal Ji, is concerned.

(2.) FEW facts necessary for the purpose of deciding the present appeal are that late Shri Bheru lal Suroliya, (original plaintiff and the father of the appellants No.2 to 5 and the respondents No.4 to 7) had filed the suit being No.6/1971 (10/69) against Shri Ganpat lal Pujari, Shri Giriraj and Shri Ram Prasad (original defendants) before the trial court for seeking declaration to the effect that he (Shri Bheru Lal) was the legally adopted son of Shri Ganpatlal and his wife Smt. Keshar, and for the recovery of possession of immovable properties and movable properties consisting of cash and ornaments as detailed in paras 4 to 15 of the plaint. During the pendency of the suit, the original plaintiff Shri Bheru Lal expired and his legal heirs i.e. the appellants No.2 to 5 and respondents No.4 to 7 were substituted in his place. The original-defendant No.1 Shri Ganpatlal Pujari also expired on 19.07.1971 during the pendency of the suit, and therefore his wife Smt. Keshar was substituted in his place. During the pendency of the appeal, the said Smt. Keshar and the original-defendant No.3 Shri Ram Prasad also expired. The original-defendant No.2 Giriraj being son of said Shri Ram Prasad, was already on record, and therefore the other legal heirs of Shri Ram Prasad were permitted to be brought on record.

(3.) IT was the case of the original-plaintiff Shri Bheru lal in the suit that he was the legally adopted son of the original-defendant No.1 Shri Ganpatlal Ji and his wife Smt. Keshar, and therefore he was entitled to get the possession of the movable and immovable properties as described in the plaint, which belonged to the fore-fathers of the said Ganpatlal Ji. According to the plaintiff, the said Ganpatlal Ji had the family business of money lending, and that since he did not have any child, the plaintiff was adopted by him on 04.02.1945. After some time of the said adoption, certain disputes had arisen between the plaintiff Bheru lal and his adoptive father Ganpatlal Ji, which came to be amicably settled by way of family arrangement entered into between them on 23.02.1957. According to the said plaintiff, thereafter in the year 1969 he learnt that his adoptive father Shri Ganpatlal Ji was going to take another person i.e. Giriraj, (the original defendant No.2) in adoption and therefore he apprehended that the properties would be given away by his adoptive father in disregard to the right of the plaintiff, and hence he filed the suit.