KAILASH CHAND Vs. BAJRANG LAL

JUDGEMENT

(1.) Plaintiff is petitioner before me impugning an order dated 19-9-95 passed by the learned Addl. Distt. Judge, Bundi in Civil Misc. Appeal No. 72/94 whereby the lower appellate court rejected the appeal of the petitioner and upheld the order dated 22-11-94 as passed by the learned Civil Judge (Sr. Division), Nainwa in Case No. 1/94.

(2.) Plaintiff filed a civil suit against his parents alleging inter alia that there existed certain ancestral properties comprising of agricultural land as well as ancestral house situated in Village Alod details of which were given in para 4 of the plaint. He claimed that he had half share along with his younger brother Kishan Lal and that in all these properties, he was a co-owner. His further contention inter alia was that he and his father were also co-owners of gold, silver and jewellery belonging to the family which had been purchased from the income of the immovable properties of the family and are lying in Locker No. 67 of the State Bank of Bikaner and Jaipur, Old Dhan Mandi Branch, Bundi, which was being operated jointly by the defendants and the locker stands in their own name. It was also submitted that the jewellery belonging to the plaintiff petitioner's wife was also lying in the aforesaid locker and that the plaintiff was the co-owner of these articles also. Further averment was to the effect that the plaintiff had been residing with his parents since 1955 when he was adopted by then and since then, he has been in continuous possession along with his adoptive father and had been using the same. His adoptive parents on account of their old age have become unduly influenced by certain ' relatives who pressurized them so as to divest the plaintiff from the properties in question. It was also submitted that on account of the old age of his adoptive parents, the plaintiff had been looking after the properties and for the last ten years, he had been maintaining separate accounts himself. There was an attempt to dispossess him from the property and deprive him of the use and occupation of the same and that the adoptive parents are bent upon transferring the same. It was also submitted that the adoptive father defendant No. 1 had also sold a part of the agricultural land on 29-9-92 without informing the plaintiff and the said property had been sold out to one Bhanwar Lal. Plaintiffs submission inter-alia is to the effect that his adoptive father was not authorised to dispose of the property in such a manner as was done by him and therefore, there should be a permanent injunction against both his adoptive parents. The application for temporary injunction which was filed by the plaintiff petitioner was contested by his adoptive father and mother who admitted that the plaintiff was their adopted son but they denied that he had any share in the properties. It was submitted that the petitioner had no share in the properties and that the property had been recorded in the name of the defendant No. 1 Bajrang Lal alone. In relation to the house also, it was denied that the petitioner had any share therein. It was also submitted that no jewellery belonging to the plaintiffs wife was with them and the looker also did not contain any such jewellery. The jewellery which was given to defendant No. 2 was her own 'Stri Dhan' which had been kept in a locker for their own safety. It was submitted that the defendant' No. 1 was the Karta of the Hindu Un-divided Family who had been carrying out all expenses for the upkeep of the family. Plaintiff had been living with his natural father for the last ten years and was not looking after the adoptive parents and he was not entitled to any relief.

(3.) On behalf of the plaintiff, an affidavit of the plaintiff as well as a photostat copy of the Adoption Deed and the revenue records were submitted while on behalf of the defendant Nos. 1 and 2 their affidavits and the affidavit of one Nand Lal were submitted.