ASA BAI Vs. PRABHULAL

JUDGEMENT

(1.) THIS is a regular first appeal by the plaintiff Mst. Asa Bai against the judgment of the learned District Judge, dated 12 -7 -I951, dismissing the plaintiffs suit for; possession of certain immovable property. The following pedigree table will be found helpful in understanding the contentions between the parties:

(2.) THE case of the plaintiff Mst. Asa Bai, daughter or Rajmal, according to the amended plaint, is that Rajmal was survived by his widow Mst. Jarao Kunwar and two of his daughters, the plaintiff and Mst. Chandkanwar, and it is not clear from the record when Mst. Chandan Bai, the third daughter of Rajmal had died; but we are not concerned with her. Mst. Jarao Kanwar succeeded her husband as his sole heir. She died on 4 -1 -1928. And before her death, she had allegedly adopted defendant No. 1 Prabbulal to her husband by an adoption deed Ex. A -1 dated the Baisakh Sudi 3 Smt. 1976 (corresponding to the 2nd May, 1919).

(3.) THE learned District Judge dismissed the plaintiff's suit. His findings, briefly put, were thai Prabhulal was validly adopted by Mst. Jarao Kanwar to her deceased husband Rajmal and that it had been proved that a giving and taking ceremony had taken place in relation thereto, and, further, that the alleged Subsequent cancellation of the adoption by Jarao Kanwar was of no effect in law, and, therefore, did not affect his status as Rajmal's adopted son.