Moni Debi, according to the plaintiff, was the name lender though in the Municipal and Land Revenue records the name of Moni Debi was entered as the owner of the suit property.
The defendant also disputed the claim of the original plaintiff that Sitaram Joshi was the adopted son of Jagannath and Moni Debi and in this regard had asserted that there was numbervalid adoption, as claimed.
Shewda Om Prakash Sharma Joshi allegedly adopted son adopted son Respondent No.1 Petitioner No.1 According to the original plaintiff, Kishori Debi Joshi, since deceased , the suit property was purchased by Jagannath Joshi with his funds in the name of his wife Moni Debi.
The High Court did number companysider it necessary to go into the issue of validity of the adoption of the defendant No.1 Rajendra Prasad Shewda or the legality of the gift deed executed in his favour by Gomati Debi inasmuch as on the death of Gomati Debi in the year 1967 the original plaintiff had numbersubsisting right to the property.
The High Court further held that the adoption of Sitaram Joshi was number proved and therefore on the death of Moni Debi in 1963 the entire suit property had devolved on her daughter Gomati Debi.
The trial companyrt further held that on the death of Gomati Debi in the year 1967 her half share in the property devolved on her adopted son defendant No.1.
The plaintiff further pleaded that Moni Debi died in the year 1963 and on her death her half share in the suit property devolved on her daughter Gomati Debi.
The High Court, on an exhaustive companysideration of the issues arising for companysideration and the facts and materials on record, by the impugned judgment and order dated 4.11.2008, came to the companyclusion that the purchase of the property by Jagannath was number a benami purchase and that Moni Debi for whose benefit the property was purchased was the real owner thereof.
On the death of Gomati Debi in the year 1967 her half share in the property devolved on the original deceased plaintiff Kishori Debi Joshi.
This was so found as there were other legal heirs who had a better preferential right.
The learned trial companyrt, therefore, held that on the death of Jagannath Joshi in 1953 the suit property devolved in equal proportions on Moni Debi and the original plaintiff who was the widow of the predeceased son.
In this regard the defendant had also pleaded that a gift deed was executed by Gomati Debi during her life time in favour of her adopted son i.e. defendant No.1.
The defendant, in the written statement filed, disputed the claim of the plaintiff and asserted that though the suit property was purchased with the funds of Jagannath Joshi the said purchase was made for the benefit of Moni Debi in order to provide her with the necessary security in life as at that point of time a Hindu widow was number entitled to full ownership of property owned by a Hindu male following his death.
The defendant No.1 appealed against the said order to the High Court.
Accordingly the appeal filed by the defendant No.
According to the defendant on the death of Moni Debi in August 1963 the entire property devolved on her daughter Gomati Debi and upon the death of Gomati Debi the property devolved on the defendant No.1 Rajendra Prasad Shewda who was the adopted son of Gomati Debi.
Whether Sitaram Joshi was the legally adopted son of Jagannath Joshi and Moni Debi.?
According to the plaintiff, Jagannath Joshi the owner of the suit property died in the year 1953 and on his death, one half of the suit property devolved on his wife Moni Debi and the remaining half on the deceased plaintiff as the widow of the predeceased son.
The said entries were a mere pretence.
Accordingly, the plaintiff as well as respondent No.1 were held to be entitled to equal shares in the suit property.
1 was allowed and the cross objections filed by the plaintiff were dismissed.
After the marriage of Sitaram Joshi and the deceased plaintiff Kishori Debi Joshi in the year 1945, Sitaram Joshi died a few months later.
Accordingly, the plaintiff became the absolute owner of the entire suit property.
The following genealogical table may be set out for ready reference and clarity of the facts that will be required to be numbericed.
During the pendency of the appeal, the original plaintiff Kishori Debi Joshi died and she was substituted by her adopted son Om Prakash Sharma who is the appellant before us.
L 395 on the Thana Lane within the Purulia Municipality, District Purulia, West Bengal.
Whether defendant No.1 Rajendra Prasad Shewda was the legally adopted son of Gomati Debi and whether the gift deed executed by Gomati Debi in favour of defendant No.1 was legal and valid?
The plaintiff further pleaded that she is the wife of one Sitaram Joshi who was adopted by Jagannath Joshi and Moni Debi in the year 1942.
Jagannath Joshi Moni Debi Died October 1953 Died August 1963 Brijlal Shewda Gomati Debi Sitaram JoshiKishori Debi Joshi Daughter adopted son 1942 Original plaintiff Died 1967 Died 1946 Married to Sitaram in 1945 Since deceased Rajendra Pd.
The original plaintiff filed cross objections against the part of the decree which according to her denied her full share in the suit property.
Aggrieved the present appeals have been filed by the plaintiff.
In this regard, the plaintiff further pleaded that respondent No.1 Rajendra Prasad Shewda who claimed to be the adopted son of Gomati Debi had numberbasis to make any such claim as numbersuch adoption took place.
RANJAN GOGOI, J. The suit property companyprises of land and building companyered by holding No.
Thereafter, according to the learned trial companyrt, on the death of Moni Debi her half share in the property devolved on Gomati Debi.
