GOVIND RAM Vs. AMHADA RAM AND ANOTHER

JUDGEMENT

(1.) The present appeal has been filed by the appellant-plaintiff challenging the judgment and decree dated 20.4.05 passed by the Addl. District Judge, Jhunjhunu (hereinafter referred to as 'the trial court') in Civi Suit No. 180/03 (Old No. 16/03), whereby the suit of the appellant-plaintiff has been dismissed by the trial court.

(2.) The appellant-plaintiff had filed the suit against the respondents-defendants seeking declaration that he was the adopted son of the respondents. According to the appellant, since the respondents did not have any issue on 6.3.76 his natural father Megha Ram had given the appellant-plaintiff in adoption to the respondents after performing the requisite ceremonies. It was also the case of the appellant-plaintiff that the respondents had performed even his marriage ceremony on 22.5.91 and the name of the appellant was also shown in the Ration Card as well as the BPL Card. The said suit was resisted by the respondents-defendants denying the allegations and averments made in the plaint and it was further contended that the appellant-plaintiff was never adopted by the respondents. It was also contended that the documents of Ration Card and BPL Card were forged by the appellant with a view to grab the property of the respondents-defendants. The trial court after appreciating the evidence on record dismissed the suit of the appellant herein, against which the present appeal has been filed.

(3.) It has been submitted by the learned counsel for the appellant that the trial court has misappreciated the evidence on record and dismissed the suit. He further submitted that from the documents namely Ration Card, BPL Card etc. it is clearly established that the appellant was taken in adoption by the respondents.