MOTI Vs. LACHHMAN

JUDGEMENT

(1.) This is a second appeal by the defendants in, a suit for declaration and partition.

(2.) Lachhman plaintiff alleged that he was adopted by Moti defendant No. 1 in Section 1995, that Moda defendant No. 2 who is the natural son of Moti was born after his adoption, and that after the birth of Moda his father turned him' out from his house. He accordingly brought the present suit for a declaration that he was the adopted son of Moti and for possession over half the property of Moti on partition. The trial court found that Lachhman was the adopted son of Moti and was entitled to one-fourth share in Moti's property after his death. It held that ha was not entitled to get the partition effected in Moti's life-time. The suit of Lachhman was accordingly decreed only in respect of the declaration that he was the adopted son of Moti. Both parties preferred appeals against this decision. The ower appellate court held that Lachhman was the adopted son of Moti and Was entitled to get possession over one-fourth share of his property on partition. A preliminary decree For partition was accordingly passed in Lachhman's favour. Against this decision the present second appeal has been filed.

(3.) The lower appellate court has relied on Mulla's Commentary on Hindu Law in which the law has been stated as follows in Article 497 :