KAJAL KUMAR GOSWAMI Vs. TARAMANI DEBYA

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure, is directed against the judgment dated 16th October, 2015, passed by the District Judge-II, Jamtara in Title Appeal No. 29 of 2015, by which he dismissed the appeal preferred by the defendants-appellants and upheld the judgment and decree dated 29.04.2015 (decree signed on 12.05.2015), passed by the Civil Judge-I, Jamtara in Title suit No. 16 of 1989.

(2.) The appellants were the defendants and appellants before the trial court and the first appellate court respectively.

(3.) The plaintiff-respondents brought a suit for declaration of right, title, interest and confirmation of possession and in the alternative recovery of possession in respect of the property left by Nilkantha Goswami. They further prayed that the deed of adoption, allegedly executed by Nilkantha Goswami adopting defendant no. 1 namely, Kajal Kumar Goswami bearing Adoption deed no. 21 dated 24.01.1986, be declared as null and void and be cancelled. The plaintiffs submitted that plaintiff no. 2 is the legally married wife of Nilkantha Goswami and plaintiff no. 1 is their son.