NARAYANBHAT BHIMBHAT JOSHI Vs. AKKUBAI MANOHARBHAT JOSHI

JUDGEMENT

(1.) This suit was instituted by the plaintiff to obtain an injunction, which would give to her undisturbed control of the properties of her deceased husband, as against the 2nd defendant claiming to be her adopted son and for a declaration that he was not the adopted son and that the adoption deed alleged to have been passed by the plaintiff to the 2nd defendant was null and void on the ground that its execution was obtained by fraud. The 5th paragraph of the plaint contains the particulars of the fraud alleged to the following effect: The 1st defendant told me that pattas had to be got written for tenants in respect of lands of my ownership and took me to Athni four months ago and went with me to the, Sub-Registrar s Office and telling me he had papers prepared as mentioned by him and, asked me to sign my consent to registration. My mother being dead I had, since my infancy, lived in the 1st defendant s house and my marriage took place there and therefore relying on the 1st defendant s word I gave my consent in the office of the Registrar. Excepting the 1st defendant there was no one else to give me advice. Fifteen days ago I came to know the paper was an adoption deed in favour of the defendant No. 2. I never gave him in adoption.

(2.) The defendant No. 1 is father of the defendant No. 2, who is older than the plaintiff. She is alleged to have adopted him when she had just attained the age of nineteen years. The defendants put in separate written statements and alleged that the circumstances alleged to have existed regarding the adoption deed were false.

(3.) In the Trial Court an issue was raised upon the point as follows: Are the circumstances mentioned in paragraph 5 of the plaint proved?