LAWS(JHAR)-2010-8-57

HARADHAN PANDIT Vs. NEHRU LAL PANDIT

Decided On August 31, 2010
Haradhan Pandit Appellant
V/S
Nehru Lal Pandit Respondents

JUDGEMENT

(1.) This second appeal is against the judgment and decree passed in Title Appeal No. 16 of 2003 by learned Vth Additional District Judge. FTC-II, Godda, who has dismissed the appeal of this Defendant-Appellant-Appellant affirming and upholding the judgment and decree of learned trial Court.

(2.) The Plaintiff-Respondent had brought Title Suit in the Court of Subordinate Judge, Godda seeking declaration that the deed of adoption No. 11 dated 30.1.1988 executed by Dulari Devi in favour of Haradhan Pandit is illegal, unauthorized, fraudulent and ineffective and the same is not binding on the Plaintiff.

(3.) The Plaintiff's case, in brief, was that they are the successor of Rupan Pandit, in whose name the said land bearing J.B. No. 68 of village Kubjighat was recorded. Said Rupan Pandit had two sons - Durga Pandit and Murat Pandit. They had inherited the property of Rupan Pandit. Murat Pandit died in the year 1973 leaving behind his wife Alkhi, daughter-Kaushalya and grand son-Nehru Pandit, who inherited the property of Rupan Pandit. They had been in possession of the property of Rupan. After death of daughter Kaushalya, a fake lady namely Dulari Devi claimed herself as second wife of Murat and got her name entered in the revenue record in respect of the land in collusion with the Survey Officer. The Defendant-Haradhan claimed to be the adopted son of Dulari. The Plaintiff's averred that Murat had no second wife. He died in 1973. The Defendant claimed adoption by virtue of deed dated 30.1.1988.