KHAIRUDDIN Vs. SAHU GULAB DAS

JUDGEMENT

(1.) The plaintiff sued for a declaration that the sale-deed passed by deceased defendant No. 1 who was the adoptive father of the plaintiff in favoui of the defendant No. 2 was void, and to recover possession of the property in suit. In the alternative the plaintiff sued for possession of half the suit property on partition. The suit has been dismissed in both the Courts.

(2.) The plaintiff was adopted by Ghenappa, the first defendant, on the 30th November 1903, at which time the plaintiff was a major. Exhibit 50 is the adoption deed and it is on the interpretation of a particular passage in that deed that the decision in this suit depends.

(3.) For the plaintiff it was contended that the material portion of the deed ran as follows: You have acquired whatever right and authorities a natural son should have acquired had I got any, and you have from to-day become the owner of the property moveable and immoveable. You should stay with us and take care of us as long as we, that is, I and my wife, live. After our death you are the sole owner and should thereafter make Vahiwat as owner. In whatsoever manner the estate, moveable or immoveable, is managed, as long as I live it is to be taken that you approve of it. You have no authority to object to it. On this condition I have taken you in adoption of my free will on your and your father's consenting to it.