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2001 DIGILAW 555 (JHR)

KABIA DUSADHIN v. SEWAK DUSADH

2001-08-08

GURUSHARAN SHARMA

body2001
Judgment : GURUSHARAN SHARMA, J. ( 1 ) SHEOMANGAL Dusadhin was issueless. Kabia Dusadhin was his wife. The Sewak Dusadhin claimed himself to have been adopted by them, as son. ( 2 ) HE filed Title Suit No. 38 of 1982 for declaration that deed of adoption dated 3-2-1982, executed by Kabia Dusadhin in favour of one Indravati Dusadhin was illegal and inoperative and not binding on him. ( 3 ) KABIA Dusadhin, defendant no. 1 denied her consent in respect of alleged adoption of plaintiff by her husband and asserted to have adopted Indravati Dusadhin as her daughter. ( 4 ) TRIAL Court considered the issues whether plaintiff was adopted son of Sheomangal Dusadh and Kabia Dusadhin or whether Indravati Dusadhin was adopted by them as daughter in the year 1963. ( 5 ) DEFENDANT no. 1 claimed to have adopted Indravati Dusadhin some time in 1963, when she was five years old and thereafter married her in July, 1967 with Nagina Dusadh at the age of nine. ( 6 ) TRIAL Court found that mother of Indravati Dusadhin had left her, when she was 2/3 years old and as such two years thereafter in 1963 there was no occasion of either giving or obtaining consent of her mother and, therefore, defendantsversion that consent of parents of Indravati Dusadhin was obtained was not true. ( 7 ) SHEOMANGAL Dusadin examined, himself as a witness in the suit and denied to have given consent to his wife to adopt Indravati Dusadhin or to execute, Ext. C. He did not join the said deed and he had also no Information about it. ( 8 ) IN such circumstance, both the Courts below recorded concurrent finding of fact that Ext. C, which was executed for confirmation of adoption of Indravati Dusadhin was in respect to an event, which had actually not at all taken place. Hence, it was illegal and inoperative document and Indravati Dusadhin was not entitled to get any benefit out of it. Indravati was never legally adopted by Sheomangal and Kabia in 1963 and Ext. C was illegal and void. ( 9 ) I find no merit in this Second Appeal. It is, ccordingly, dismissed, but without costs. Let the lower Court records be sent down. Appeal dismissed. --- *** --- .