Point of Law : Adoption had the effect of relating the adoption back to the date of death of the father.

JUDGMENT :

1. Heard finally at admission stage with consent of both the sides.

2. Unsuccessful original defendant Nos. 2 to 4 have preferred this second appeal against impugned Judgment and decree passed by the District Court in Regular Civil Appeal No. 149/2014 arising out of Judgment and decree passed in Regular Civil Suit No. 192/2009 by the learned 4th Jt. Civil Judge Junior Division, Parbhani.

3. It is necessary to have a glance on few facts in order to throw light on the dispute. The appellants have purchased the suit property from respondent No. 2/adopted son of Kausalyabai (original plaintiff No.1 since deceased) vide three registered sale deeds dated 02.06.1995. The adoptive mother (Kausalyabai) and sister Parwatibai had filed a suit on 17.08.2019 for declaration of ownership, recovery of possession with further declaration that sale deeds executed by defendant No.1 (adopted son) in favour of the appellants are not binding their shares.

4. During pendency of the suit, original plaintiff No. 1/ Kausalyabai died and suit was contested by plaintiff No.2/Parwatibai. The trial court was pleased to decree the suit partly as under:-

01. Suit of the plaintiff is partly decreed as follows.

02. Plaintiff No. 2 is declared as owner of suit property to the extent of her half share. Defendant No.1 is declared as owner of suit property to the extent of his remaining half share.

03. Sale Deed bearing No.1418/1995, 1419/1995, 1420/1995 all dated 02.06.1995 executed by defendant No.1 in favour of defendants No. 2 to 4 in respect of suit property Gut No. 95 ad measuring total area 8 Hector 95 Are situated at village Pimpalgaon Tong, Tq. & Dist. Parbhani (more particular described in claim clause of plaint) is declared as null and void to the extent of half share of plaintiff No. 2 and not binding on the plaintiff No. 2 Parwatabai.

04. Plaintiff No. 2 is entitled to recover her half share in the suit property.

05. Writ of precept be send to District Collector, Parbhani for its compliance according to law.

06. Parties to bear their own costs.

07. Decree be drawn up accordingly.

5. Feeling aggrieved by the impugned Judgment and decree passed by the learned 4th Jt. Civil Judge Junior Division, Parbhani, original plaintiff No. 2/Parvatibai Bhimrao Bende has filed Regular Civil Appeal No. 149/2014. The said appeal came to be allowed as under:-

(1) The appeal is allowed with costs.

(2) The cross-objection filed by defendants/respondents is dismissed.

(3) The judgment and decree passed by 4th Jt. Civil Judge Junior Division, Parbhani in R.C.S. No. 192/2009, dt. 30/09/2014 is hereby set aside.

(4) The suit is decreed. The appellant is declared as owner of suit property and entitled for recovery of suit property from defendant Nos. 2 to 4. Defendant Nos. 2 to 4 shall evict within one year.

(5) Sale deeds bearing registration No. 1418/1995 to 1420/1995 dt.02/06/1995 Exh. 30 to Exh. 32 are illegal and not binding on the plaintiff.

(6) R & P be send to trial Court.

(7) Decree be drawn up accordingly.

6. The execution proceedings came to be filed at the hands of original plaintiff No. 2/Parvatibai in order to execute the Judgment and decree passed in Regular Civil Appeal No. 149/2014.

7. Feeling aggrieved by the impugned Judgment and decree passed in Regular Civil Appeal No. 149/2014, the appellants/original defendant Nos. 2 to 4 have preferred the second appeal by raising precise substantial questions of law.

8. Heard Mr. Prakashsing B. Patil, learned counsel for the appellants and Mr. Shahaji B. Ghatol Patil, learned counsel for respondent No.1/original plaintiff No.2.

9. It is revealed during the course of argument and while perusing the impugned Judgment and decree passed by the appellate court as well as the trial court that both the Courts below have committed an error in the eye of law while determining the shares. So far as the question of adoption of defendan