MAHADEV Vs. RAMESHWAR

JUDGEMENT

(1.) The instant second appeal has been preferred by the appellant plaintiff Mahadev being aggrieved of the judgment-cum- decree dated 07.10.2017 passed by the learned Additional District Judge No. 2, Bhilwara in Civil Original Appeal No. 19/2012 whereby, the first appellate court, affirmed the judgment-cum-decree dated 21.07.2012 passed by the learned Civil Judge (Jr. Division), Mandal, District Bhilwara in Civil Original Case No. 36/2011 rejecting the suit for declaration and permanent injunction filed by the appellant plaintiff.

(2.) I have heard and considered the submissions advanced at Bar and have gone through the impugned judgments and the record.

(3.) The appellant Mahadev, being the son of Rameshwar, filed the suit for declaration and injunction claiming that he was the adopted son of Chothu and thus, he was entitled to a share in the property of Shri Chothu who passed away on 29.12.2001. A declaration was sought for cancellation of the sale deed executed by Smt. Jamni in favour of her son Rameshwar. The trial court, examined the controversy and came to a conclusion that the plaintiff could not lead any plausible evidence to show that he had gone in adoption to Shri Chothu. The Godnama (Ex.7) which the plaintiff relied upon, did not indicate that it bore the thumb impression of Chothu. No consent of the plaintiff's mother was taken before the Godnama was executed. After arriving at these findings, the learned trial court, proceeded to decide all the issues in favour of the defendants and against the plaintiff and dismissed the suit by judgment-cum-decree dated 21.07.2012. The said judgment was assailed by the appellant plaintiff by way of a first appeal which too was dismissed as above. Hence this second appeal.