IMPORTANT POINT
The main legal point established in the judgment is that the Family Court lacked jurisdiction to entertain the suit for declaration of adoption, as the Family Courts Act, 1984 did not confer jurisdiction to deal with adoption matters.

JUDGMENT :

JITENDRA KUMAR, J.

The present appeal has been filed impugning the judgment dated 29.01.2018 passed by Principal Judge, Family Court, Sheikhpura, in Title Suit (Adoption) No. 21 of 2009, whereby learned Family Court has dismissed the petition of the Appellant/Plaintiff seeking declaration that the Appellant/Plaintiff is adopted son of Bhola Sao and Parwati Devi (both deceased) and the Appellant/Plaintiff is legal heir and representative of Bhola Sao and Parwati Devi.

2.1 The case of the Appellant/Plaintiff as per the pleading is that one Bhola Sao alias Bhola Halwai had some landed property including building in the town Sheikhpura. He was married to one Parwati Devi (now deceased). They had no child. So they thought it fit to adopt a son, and accordingly, placed proposal to his brother-in-law/Ramchandra Prasad Bedil and his wife Sabo Devi (deceased), who agreed to give their son (Appellant/Plaintiff) Satya Narayan Prasad Gupta @ Sato Sao @ Satya Prakash Prasad, in the year 1967, who was ten years’ old. Accordingly, on 15.05.1967, both the parties i.e Bhola Sao and his wife Parwati Devi and Ramchandra Prasad Bedil and his wife Sabo devi along with some respectable persons of the locality were invited at Maharani Asthan, Bypass, Sheikhpura, P.O. and District -Sheikhpura. Purohit, Jay Pandit Ji started puja-path and hoam before the sacred fire and Ramchandra Prasad Bedil and his wife Sabo Devi gave the Plaintiff to Bhola Sao and his wife Parwati Devi, who accepted the Appellant/Plaintiff as his son in presence of the respectable persons, invitees and witnesses : (i). Khaderan Lal, son of late Bihari Lal, resident of Mohalla Bangaliper P.S.-Sheikhpura, district-Sheikhpura. (ii) Jagdish Prasad, son of late Bachu Lal, resident of Mohalla -Bangaliper, P.S. & district-Sheikhpura. (iii). Anirudh Singh, Son of late Dhanushdhari Singh, resident of village-Barmaper, P.O.-Sarari, P.S.-Sarari, District-Sheikhpura. (iv) . Daso Mahto, son of late Saukhi Mahton, Kamasi Bazar, P.O.-Sheikhpura, P.S. Sheikhpura, District-Sheikhpura and several other persons. Thereafter, Bhola Sao distributed sweets as prasad to the present persons. Since then, late Bhola Sao and late Parwati Devi started living with Appellant/Plaintiff and gave love and affection to him as their son and the Appellant/Plaintiff also became a devotee, follower, loyal and obedient to his adoptive parents.

2.2 It has been further pleaded that Bhola Sao died in the year 2002 and his Shraddh was performed by the Appellant/Plaintiff and his son. It has further been pleaded that since Bhola Sao had got no child and the Appellant/Plaintiff had been adopted by the said Bhola Sao and Parwati Devi, Ramchandra Prasad Bedil had greedy eye over the properties of the deceased Bhola Sao. Hence, he willfully gave the Appellant/Plaintiff in adoption so that he might help him in misappropriating the property of Bhola Sao, but as this Appellant/Plaintiff is very loyal to his adoptive father, there arose differences between Ramchandra Prasad Bedil and the Appellant/Plaintiff. After death of Bhola Sao, Ramchandra Prasad Bedil and his son Jai Prasad Gupta instigated Parwati Devi against the Appellant/Plaintiff causing some differences in between the adoptive mother and the Appellant/Plaintiff.

2.3 It has further been pleaded that during his lifetime, Bhola Sao purchased a piece of land, measuring two decimals, half in the name of his wife Parwati Devi and half in the name of this Appellant/Plaintiff, situated at Mouza-Sheikhpura, Thana No. 178, Touzi No. 887, Khata No. 174, Plot No. 520 through registered sale-deeds dated 19.11.1982.

2.4 Later, it came to the notice of the Appellant/Plaintiff that khata number and boundary of the said land was wrongly mentioned in the sale deed, so he approached the vendor who executed a correction deed on 30.04.1983 and produced the same before the Sub-Registrar, Sheikhpura on 03.05.1983 for registration. But as the deed of Parwati Devi has not been corrected, th