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1997 Supreme(All) 1239

D.C.SRIVASTAVA
BARU (SINCE DECEASED) – Appellant
Versus
TEJ PAL – Respondent


Advocates Appeared:
B.N.Srivastava, L.N.Pandey, S.K.PANDEY, S.S.Tyagi

D. C. SRIVASTAVA, J.


( 1 ) THIS is plaintiffs second appeal.

( 2 ) THE plaintiffs. Baru and Rulha filed a suit for cancellation of registered adoption-deed dated 19-5-1977 executed by Yadram in favour of Sadhu, defendant No. 3, aged about 8 years on the date of execution with other consequential reliefs. The plaintiffs challenged the aforesaid adoption deed being illegal, null and void. Relevant pedigree has been set up in the plaint. Tej Pal, one of the defendants, was living in village and was visiting Yadram frequently. He used to administer liquor to him. Yadram indulged in bad habits. It was alleged that Tej pal in collusion with Hriday Ram and Sube Ram obtained fictitious adoption-deed from Yad Ram. On the strength of adoption-deed Tej Pal took possession over the house of Yadram and also sold his movable properties. Whereabouts of Yadram thereafter was not known. It was apprehended that Yadram was either abducted or murdered. First information report was lodged with the police and case was registered against Tej Pal. The plaintiffs are cousin brothers of Yadram. They claimed to be reversioners and heirs of Yadram. It was alleged that Yadram was a man of unsound mind and no ce














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