RADHESYAM SAH Vs. RAJESH KUMAR SAH

JUDGEMENT

(1.) HEARD learned counsel for the parties and with their consent, this application is disposed of at the admission stage itself.

(2.) THIS revision under Section 115, CPC is directed against the order dated 5-9-2007 passed by Subordinate Judge-Ist, Dumka in Title Suit No. 113/2005, whereby he has rejected the application filed by the defendant-petitioner under Order 7, Rule 11, CPC.

(3.) THE plaintiff-respondent filed the aforementioned suit for declaration of title and recovery of possession of the suit property on the ground that he is the adopted son of batasia Devi and Ram Dahin Sah, which was followed by a registered deed of adoption dated 16-1-1985. The adopted mother i. e. Batasia Devi died in the year 1987 and adopted father died in the year 1991. According to the plaintiff-respondent he acquired the valid right, title and interest over the suit property. However, the defendant no. 1 alleged to have obtained a fraudulent and fictitious registered deed dated 15-12-1979 executed by Batasia Devi. Thereafter batasia Devi filed Title Suit No. 9/84 for declaration that the deed of gift was sham transaction. In the said suit a compromise was done in the Lok Adalat.