ILAICHI MST Vs. SHIVRAM

JUDGEMENT

(1.) THIS is a civil second appeal by Gyarsiram defendant against whom Shivram plaintiff brought a suit for declaration that he was the adopted son of the defendant and that the defendant had no tight to cancel the adoption. Gyarsiram died during the course of pendency of the appeal in this Court and his widow Mst. Ilaichi has been brought on record as appellant.

(2.) SHIVRAM plaintiff filed a suit in the court of the Civil Judge, Jaipur City, on the 25th of March, 1949. He alleged that he had been adopted by the defendant on the 21st June, 1957, and ceremonies relating to adoption were duly performed and that since the date of adoption he had been residing with the defendant. The defendant also executed the adoption deed on the 7th August, 1947, which was registered on the 30th August, 1947. The defendant executed a deed of revocation on the 7th March, 19+9 which has given cause of action to the plaintiff to file the present suit for declaration. The defendant pleaded that he and never adopted SHIVRAM and had not performed any ceremonies with regard to the adoption. The adoption deed mentioned in the plaint was got executed undue influence and fraud exercised by Shamsunder father of the plaintiff. It is also pleaded that the suit for mere declaration is not maintainable. The suit was dismissed by the trial court on the ground that the plaintiff failed to prove that giving and taking had taken place at the time of the performance of the ceremonies of adoption. The plaintiff went in appeal to the court of the Additional District Judge, Jaipur. The learned Additional District Judge held that the plaintiff was duly adopted by the defendant. He accepted the appeal and decreed the suit of the plaintiff. Hence this appeal on behalf of defendant Gyarsiram.