Divisional officer by order dated
27.12.1981 disbelieved the claim of adoption on the ground
inter alia that in the entries in educational institutions
adoptive father ... trial court
that Mishri Bai had taken Brajendra Singh in adoption and in
the will executed by Mishri Bai the factum of adoption has
been
sister's husband's name
was also Jagannath. Ceremony of adoption was performed in
accordance with the customs of the community prevalent
among ... prevalent in the 'Vaishya' community of Hapur. Hence the
alleged adoption was illegal. Jagannath died issueless about
50 years back
ceremonies including giving and taking and they have
also executed a registered adoption deed in favour of the
defendant No.1. Suit house properties were ... appeal was filed. The First
Appellate Authority held that the claim of adoption of
defendant No.1 is untenable and even when there
litigation started
several decades back relating to the present controversy as to adoption.
There have been series of other litigations which are intimately linked
with ... legal heirs were impleaded.
Coming to the genesis of the dispute regarding adoption the same
started when the Kashi Nath the original appellant filed
Balaram and that the deed relating to acknowledgment or adoption
and gift, executed by Nisa in favour of Balaram is not valid and binding learned ... adopted son, and the document relating to acknowledgment of adoption and gift dated 13-2-1981 (Ext. B) is not valid and operative. Raghunath filed
whether the
appellant no.1 should be permitted to make arrangement for
adoption of a child named Sahiti presently about five years
by appellant ... executed a Relinquishment Deed. The child
suffered from various ailments and her adoption in India did
not materialize. On that ground the Voluntary Coordination
Agency
regard by Krushna (defendant No. 2). Non-acceptance of the plea of adoption by the trial Court has brought the claimant before this Court ... question that needs answer in this appeal is whether the claim of adoption as raised was acceptable. For answering this question a brief reference
Pasayat, J.
1. In the suit for partition the plea of adoption raised by the plaintiff having been accepted, the defendant has filed this appeal ... Hara Dibya filed a suit for partition claiming half-share; asserting his adoption in the year 1960. This claim was resisted by the defendant-appellant
daughter named Prabhati whose husband was Basu Das. Bishnu claimed adoption by Jema and Anu. Rama and his wife Padmabati died without leaving any heirs ... school of law which governs the parties. Acceptability of the plea of adoption and the effect of registered gift-deed dated 20-12-1948 executed
Land Act, 1972 (in short, the 'Act') accepting plea of adoption raised by Bhikari Charan Sahu (opp. party No. 1) and reversing adjudications ... have been adapted by them. The question whether there was any adoption is subject-matter of dispute in T. S. No. 19 of 1963 pending