CFA 110/1994

(1)

In the High Court of Judicature for

Rajasthan

At

Jaipur Bench, Jaipur

J U D G M E N T

In

S.B. Civil First Appeal No.110/1994

Deen Dayal Vs. Sanjeev Kumar

Date Of Judgment :: 29.4.2009

P R E S E N T

Hon'ble Mr. Justice Jitendra Ray Goyal

Mr. M.M. Ranjan with

Mr. Rajat Ranjan, for appellant.

Mr. Manoj Bhardwaj with

Mr. Ashvin Garg, for respondent.

........

REPORTABLE By the Court :-

This is a defendant's first

appeal under section 96 of the Code of

Civil Procedure directed against the

judgment and decree dated 7/7/1994 passed

by Additional District Judge No.1, Ajmer

in Civil Suit No.252/1993 by which the

CFA 110/1994

(2)

suit of the plaintiff has been decreed.

2.

The plaintiff Sanjeev Kumar

had filed a suit for possession,

declaration, injunction, recovery of

mesne profits and other items with the

averments that property bearing AMC

No.28/805 situated at Adarsh Nagar, Ajmer

was owned and possessed by Shri Dayaram

who died issue-less in the year 1957 and

after the death of Dayaram his wife Jai

Devi inherited his property who also

expired issue-less in the month of May,

1970, therefore Chameli Devi, sister-in-

law (Bhabhi) inherited the said property

in accordance to Hindu Succession Act

being the nearest surviving member after

the death of Smt. Jai Devi. It was

further the case of the plaintiff that

CFA 110/1994

(3)

Smt. Chameli Devi took in adoption to the

plaintiff Sanjeev Kumar on 2/5/1974 and a

registered adoption deed was also got

executed by her; that Smt. Chameli Devi

died on 23/4/1975, thereafter Sanjeev

Kumar (plaintiff) became the sole owner

of the property left by Chameli Devi. It

was also stated that Deen Dayal was the

step brother of late Smt. Jai Devi and

after her death he continued collecting

rent on behalf of Chameli Devi and also

used to reside with her but the defendant

Deen Dayal was in no way heir of Jai Devi

or Chameli Devi. It was further averred

that Chameli Devi served a notice on

20/5/1974 to the defendant Deen Dayal to

stop to collect the rent, thereafter Deen

Dayal with melafide intentions lodged a

CFA 110/1994

(4)

First Information Report against Jai

Prakash and Chameli Devi and in that

criminal case Jai Prakash and Chameli

Devi were arrested but after release on

bail Chameli Devi was kept in wrongful

confinement by the defendant Deen Dayal

and she was not permitted to meet even to

her adopted son. It has further been

averred that after the death of Chameli

Devi, the plaintiff being adopted son has

become the sole owner of her property,

therefore he is entitled for possession

of immovable property as well as cash

money and ornaments.

3.

The defendant Deen Dayal in

his written statement denied the factum

of plaintiff's adoption and averred that

plaintiff was never adopted by Smt.

CFA 110/1994

(5)

Chameli Devi and forged adoption deed was

prepared by Jai Prakash, father of the

plaintiff. It was further the case of

the defendant that he was adopted son of

late Shri Dayaram, that Smt. Chameli Devi

was not having any relation with the

property of late Shri Dayaram and the

defendant Deen Dayal is the sole owner of

the disputed property after the death of

Dayaram and his wife Jai Devi and this

fact has been admitted also by Chameli

Devi in writing and she also relinquished

her right and title, if any, in the said

property. It was also averred that Smt.

Chameli Devi had adopted Snehlata and

therefore, Snehlalata is also a necessary

party to the present suit.

4.

The trial court on the basis

CFA 110/1994

(6)

of the pleadings, framed following

issues:-

''1.क् या ौीमती चमेली देवी ने वाद के

चरण सं.3 में उल् लेिखत सम् पित व अन् य

सम् पित जय देवी से उत् तरािधकार में ूाप् त

की?

2.क् या ूितवादी दयाराम का दत् तक पुऽ है?

3.क् या चमेली देवी ने ूितवादी को भवन की

देखभाल करने व िकराया वसूल करने के िलये

अिधकृ त िकया जैसा िक वाद-पऽ