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J.L.KAPUR, S.R.DASS, SYED JAFAR IMAM
Kishori Lal – Appellant
Versus
Chaltibai – Respondent
Key Points: - The High Court reversed the trial court and held against adoption; appellant contends adoption proved; estoppel argument raised. (!) - The court analyzes the lack of formal deed, doubtful conduct, and discrepancies in documents to determine if adoption by Lakshminarayan occurred; concludes the factum of adoption not established. (!) (!) (!) - Emphasizes that where both parties are equally aware of true facts, estoppel does not apply; documents cited do not prove adoption by Lakshminarayan. (!) (!) - Observes absence of proper accounts and publicity around adoption; suspicious circumstances discourage acceptance of adoption. (!) (!) - Notes sale deed (24 Jan 1938) reciting adoption by Chaltibai, not Lakshminarayan, undermining appellant’s case. (!) (!) - Court affirms dismissal of appeal and upholds High Court judgment; appeals dismissed with costs. (!) - Final outcome: suit for declaration of properties as heir of Lakshminarayan and possession is resolved with dismissal of adoption claim. (!)
Judgment
J. L. KAPUR, J. : This is an appeal against the judgment and decree of the High Court of Nagpur reversing the decree of the Additional District Judge dismissing the plaintiff s suit. The appellant before us is the defendant Kishori Lal who claimed to be the adopted son, adopted by the husband of the plaintiff, Mst. Chaltibai who is the respondent in this appeal.
2. The suit out of which this appeal arises was brought by Mst. Chaltibai, the widow of Lakshminarayan, a Marwari Aggarwal of the district of Bhandara against Badrinarayan defendant No. 1 and his son Kishori Lal defendant No. 2 now appellant for a declaration that properties in Sch. B & C belonged to her as heir to her deceased husband Lakshminarayan and for possession of the property in Sch. D. The facts of the litigation relevant for the purpose of this judgment are these : Badrinarayan and Lakshminarayan were two brothers, the former who was elder was carrying on business at Raipur and the latter who was younger carried on business in the ancestral village named Tirora where it is stated Badrinarayan also was doing some business. Lakshminarayan s first wife died in 1919 leaving a son and a daughter. In 1922 Lakshm
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