IMPORTANT POINT
Claim of adoption must be based on cogent evidence.

B.Veerappa, J.—This is an unsuccessful plaintiff’s regular second appeal against the judgment and decree dated 18.11.2013 made in R.A.No.179/2008 on the file of the Senior Civil Judge, Khanapur, confirming the judgment and decree dated 04.03.2005 made in O.S.No.73/1999 on the file of the Principal Civil Judge (Jr.Dn.), Khanapur, dismissing the suit for declaration and injunction.

2. It is the case of the plaintiff that he is the son of 1st defendant. Defendant Nos.2 and 3 are strangers to the plaintiff and plaintiff belongs to Hindu community of Amate Village and defendant Nos.2 and 3 belongs to Muslim community and they are no way concerned to the family of the plaintiff in any manner. The plaintiff was adopted son of the defendant No.1 and defendant No.1 had taken plaintiff in adoption, as per registered adoption deed dated 08.03.1977, as per Hindu Customs and Rites. Thereafter, the plaintiff was looking after all the family affairs as adopted son of defendant No.1. Plaintiff, defendant No.1 and wife of the plaintiff are residing at Amate Village and ultimately relations are continued till today. Defendant No.1 is holding the family property bearing R.S.Nos.114, 124 and a house bearing GP.C.No.215 situated within the limits of Amate Village. All the properties were standing in the name of defendant No.1 and his name entered in the revenue records as owner. The suit properties are in actual possession, wahiwat and personal cultivation of the plaintiff since long till today without anybody’s disturbances as an owner. Except the plaintiff, defendant No.1 had no any male or female issues. The plaintiff being only adopted son is entitled to the entire suit properties, as he is only legal heir i.e., adopted son. The plaintiff further submitted that defendant No.1 is aged about 85 years and he had hearing impaired and had short eyesight and also mental imbalance and such being the state, the plaintiff was looking after all the affairs of the family. Taking the advantage of the ill health of the 1st defendant, defendant Nos.2 and 3 who are the strangers were illegally created some bogus documents in their favour and tried to grab the entire suit properties. The plaintiff recently came to know that the 1st defendant colluding with 2nd and 3rd defendants illegally filed the suit in O.S.No.90/ 1997 and subsequently it was compromised between them. The same was not binding on the plaintiff and further contended that the defendant Nos.2 and 3 are illegally tired to change revenue and panchayat records. Therefore, the plaintiff was constrained to file the suit.

3. The defendant Nos.1 to 3 appeared with their counsel. 1st defendant filed written statement. Defendant Nos.2 and 3 adopted and denied the entire plaint averments and specifically contended that suit filed by the plaintiff is not maintainable and the plaintiff has filed a false, frivolous and vexatious suit against them. The defendant specifically contended that the 1st defendant has not at all taken the plaintiff into adoption on 08.03.1977 under the registered adoption deed, as alleged and has specifically contended that the 1st defendant has never taken the plaintiff as adoption at any time and he is not residing along with the plaintiff or his wife. The suit, schedule property belongs to the 1st defendant and also denied the plaintiff’s possession in respect of the suit schedule property and also contended that the plaintiff is not at all in possession and enjoyment of the property and also denied that he has mental imbalance. The 1st defendant further contended that he is hale and healthy and therefore, the allegation made in the plaint are baseless. Defendants further contended that the 1st defendant voluntarily appeared in Khanapur Munisiff Court and filed a suit in O.S.No.90/1997 and the same was compromised before the Lok Adalat and compromise decree was passed. Defendant No.1 has voluntarily, freely without any pressure has given the property in physical possessio