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1981 Supreme(All) 105

N.N.MITHAL
Vidya Devi – Appellant
Versus
Nand Kumar – Respondent


Advocates:
S.N. Agarwal, for Appellants; B.L. Katiyar, for Respondent.

JUDGMENT:- In this appeal only a short point about the validity of the adoption of Indra Jit Singh by Smt. Saraswati Kunwar is involved. The suit was filed by the plaintiff respondent in January, 1965 as a nearest reversioner of Smt. Saraswati Kunwar, who allegedly died in the later part of 1964. The suit was dismissed by the trial court but on appeal, the lower appellate court has allowed the same. Aggrieved, the defendants have come up in second Appeal.

2. In order to properly understand the case taken up by the plaintiff, it will be necessary to keep in mind the relations between the parties as per pedigree given below :


3. From a look at the pedigree, it will be clear that the branch of Kalloo had come to an end and in the branch of Tulsi, the last male member was Manni Lal, whose widow was Smt. Saraswati Kunwar. The third branch of Vishnu had Nandkumar, the plaintiff, as the last and nearest reversionary male member on the date of the suit. The plaintiff alleged that Manni Lal died in 1930 and Smt. Saraswati Kunwar also died some time in the latter part of 1964. After the death of Manni Lal, Smt. Saraswati Kunwar had become the limited owner of the property and that after her de

























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