Debahari v. Dhruba
Case brief
What is this about?
High Court set aside a judgment declaring the plaintiff-adoption claim valid. Court held adoption was not proved due to lack of giving and taking ceremony.
What did the court decide?
Impugned judgment set aside; appeal allowed; no order for costs.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
SA No.113 of 1991
From the judgment and decree dated 19.01.1991 and 19.03.1991 respectively passed by Sri A.K.Dutt, learned 1st Addl. District Judge, Berhampur in T.A No.10/90 (T.A 31/89 GDC) reversing the judgment and decree dated 13.11.1987 and 25.11.1987 respectively passed by Sri S.S. Mishra, learned Subordinate Judge, Berhampur in T.S. No.71 of 1983.
| Debahari Behera (dead) & others | …. Appellants |
|---|---|
| Versus | |
| Dhruba Behera | …. Respondent |
| For Appellants … |
Mrs. Jyotsnamayee Sahoo, Adv. |
| For Respondent … |
None |
J U D G M E N T
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH
Date of hearing: 27.03.2018 : Date of judgment: 09.04.2018 Dr. A.K.Rath, J Defendants are the appellants against a reversing judgment.
2. Plaintiff-respondent instituted the suit for declaration of title, declaration that the sale deeds dated 2.2.1963 and 25.3.1981 are null and void, recovery of possession in the event he is dispossessed during pendency of the suit and permanent injunction. Case of the plaintiff is that he is the natural born son of Dandasi Behera. His father died on 24.2.1982. Dandasi sold all his ancestral properties and house to Arakhit Behera maternal uncle of Dandasi by means of a registered sale deed dated 3.12.1956. Arakhit had no
Issues for consideration
2 issues framed by the court
Whether the lower appellate court was justified in accepting the plea of adoption?
Whether evidentiary value of the relinquishment deed was considered in its proper perspective?
Parties & counsel
- appellant
Debahari Behera (dead) & others
- respondent
Dhruba Behera
Coram
Dr. A.K.Rath
Case details
As recorded by the court registry
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