RAM DAS ALIAS RAM SURAJ versus SMT. GANDIABAI AND ORS.

RAM DAS ALIAS RAM SURAJ versus SMT. GANDIABAI AND ORS.

The High Court was not legally justified in interfering with the findings of fact arrived at by the First Appellate Court regarding whether the plaintiff was adopted by his stepfather. No material evidence was ignored, and none of the errors specified in Section 100 CPC existed. The finding that the plaintiff was not adopted stands established, and the plaintiff had a right to partition.

Parties
Appellant/plaintiff: Ram Das alias Ram Suraj; Respondents/defendants: Smt. Gandiabai and Ors.
Jurisdiction
India
Judgment Date
20 November 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision in Second Appeal
Outcome
Appeal allowed
Legal Topics
Adoption, Partition, Findings of Fact, Second Appeal/interference by High Court, Adverse Possession
Civil Procedure Hindu Law Adoption Partition Findings of Fact Second Appeal/interference by High Court Adverse Possession

Case Brief

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Parties

Ram Das alias Ram Suraj

Appellant/plaintiff

Smt. Gandiabai and Ors.

Respondents/defendants

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision in Second Appeal

Legal Issues

  1. 1 Whether the High Court was justified in interfering with the findings of fact regarding adoption under Section 100, CPC
  2. 2 Whether plaintiff was adopted by his stepfather before his mother's remarriage
  3. 3 Whether there was partition during plaintiff's father's lifetime

Ratio Decidendi

The High Court was not legally justified in interfering with the findings of fact arrived at by the First Appellate Court regarding whether the plaintiff was adopted by his stepfather. No material evidence was ignored, and none of the errors specified in Section 100 CPC existed. The finding that the plaintiff was not adopted stands established, and the plaintiff had a right to partition.

Court Disposition

Appeal allowed

Orders

  • Judgment and decrees of dismissal of plaintiff's suit by the Trial Court, First Appellate Court, and High Court set aside.
  • Plaintiff's suit for partition and separation of one half share in the suit properties decreed.