Legal standing under Hindu Succession Act for adopted individuals in inheritance matters.

1. This appeal has been filed by the appellants (L.Rs. of Gokul) against the order dated 14.3.2005 passed by the Second Additional District Judge (Fast Track) Sheopur in Civil Appeal No.51 - A / 2004.

2. In brief facts of the case are that appellant - Gokul (since deceased) on behalf of Ramkunwar, adopted son of Gordhan and mentally disturbed aged about 30 years, filed a civil suit against respondent - Narayani (since deceased) for title declaration and permanent injunction before the Civil Judge, Senior Division, Sheopurkalan mentioning therein that land survey No.39 area 6 Beegha 4 Biswa, survey No.85 area 4 Beegha 11 Biswa, Survey No.241 area 10 Beegha 9 Biswa, survey No.312 area 18 Beegha 10 Biswa, Survey No.313 area 6 Beegha 16 Biswa total 46 Beegha and 8 Biswa was in the ownership of his father and husband of respondent, namely Gordhan and Bherulal. It is further mentioned that land survey No.181 area 10 Beegha was in the sole ownership of his father and husband of respondent, namely Gordhan. Before the Court, partition was done. After partition, Gordhan got 5 Beegha 9 Biswa of land out of survey No.85 area 5 Beegha 11 Biswa, survey No.241 area 10 Beegha 9 Biswa; 5 Beegha and 18 Biswa of land out of survey No.312 and 5 Beegha 14 Biswa out of survey No.313 along with 10 Beegha of survey No.181 which was in his sole ownership. Thus, Gordhan was the sole owner and possession holder of 32 Beegha and 12 Biswa of land. As Gordhan was having no issue, 20 years ago Gordhan adopted Ramkunwar as his son from his natural father Bherulal and mother Bali before the villagers. Thereafter he started living with Gordhan. Gordhan and respondent Narayani solemnized marriage. After the death of Gordhan, plaintiff and defendant are entitled for equal share in the aforesaid property. 10-11 years ago Ramkunwar got mentally disturbed. Gordhan got him treated, but he could not get well. Four years before Gordhan died. Plaintiff performed his last rites as per the customs. After the death of Gordhan, his wife / respondent Narayani bestowed the responsibility on appellant - Gokul, who is natural brother of plaintiff Ramkunwar, to manage the land. Since then he was cultivating the said land and looking after Ramkunwar and respondent Narayani. He used to give half of agricultural produce to them. From 15th July respondent - Narayani is regularly giving threatening to outs Ramkunwar from the house and started denying that he is having any right on the aforesaid property of Gordhan. When Gokul got copy of revenue record, he came to know that secretly respondent got her name mutated in the record in place of Gordhan which is illegal as after death of Gordhan plaintiff is also having equal right on the aforesaid land along with the respondent. After filing of the suit on 13.6.1985 respondent - Narayani executed a sale - deed of 14 Beegha and 11 Biswa of land in favour of respondents No.2 to 7 which she alone is having no right. Only on the basis of possession of respondents No.2 to 7 they are having no right over this property. By filing the suit, he has prayed that he be declared owner and possession holder of 1/2 share of the aforesaid land, mutation in the revenue record of the aforesaid land in the name of respondent No.1 be rejected and respondents be restrained from interfering in 1/2 share of the plaintiff. Along with the plaint, he has filed an application under O.39 R.1 and R.2 of CPC which was allowed by the Court below.

3. Respondent - Narayani appeared before the trial Court and submitted her written statement and denied plaint averments stating therein that her hu