KANHAIYA LAL Vs. SHANTI LAL AND ORS.

JUDGEMENT

(1.) THE plaintiff/appellant -Kanhaiya Lal alias Krishna Chandra S/o Shri Nand Lal Ji Ameta and adopted son of Shri Bhawani Shanker Ameta (elder brother of his natural father, Nand Lal Ameta) has filed the present appeal under Section 96 of the Civil Procedure Code, aggrieved by the rejection of his suit for partition and for declaration of the sale deed dated 12.09.1989 executed by his adoptive mother Smt. Bhoori Bai in favour of defendants -Shanti Lal s/o Shri Kanhaiya Lal Ji Singhavi and Sunil Kumar s/o Shri Vijay Singh Singhavi, Udaipur.

(2.) BRIEF facts leading to filing of the present suit, namely, Civil Suit No. 240/04 - Kanhaiya Lal alias Krishna Chandra v. Smt. Bhoori Bai, which came to be dismissed by the learned trial court of Additional District Judge (Fast Track) No. 2, Udaipur on 17.10.2006, as noticed by the learned trial court itself, are quoted below for ready reference: - -

(3.) LEARNED counsel for the plaintiff -appellant, Mr. Manish Shishodia urged that there was overwhelming evidence in support of the adoption of the plaintiff -Kanhaiya Lal alias Krishna Chandra by the elder brother of his natural father, Nand Lal Ameta, namely, Shri Bhawani Shanker way back on 16.02.1956 on the day of 'Basant Panchmi; and his own natural mother, PW -9 Smt. Pushpa Devi Sharma, who was working as a Teacher in the Government School herself admitted giving of plaintiff -Kanhaiya Lal alias Krishna Chandra in adoption to Shri Bhawani Shanker and several other independent witnesses had supported the said adoption, which took place about forty eight years prior to filing of the present suit in the year 2004. Yet the learned trial court finding so called alleged inconsistencies in the statement, which though were of insignificant nature, held that the adoption was not well proved, and therefore, the plaintiff could not seek a declaration of the sale of the suit property made by the adoptive mother, Smt. Bhoori Bai, for which she was not authorized to sell the entire ancestral property on her own in favour of the defendants -Shanti Lal and Sunil Kumar.