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SHRI KISHORI LAL v. MST. CHALTIBAI

Supreme Court of India | Diary 58/1955

Status

Judgment

Decided On

1958-12-01

Bench

KAPUR, J.L.

Petitioner

SHRI KISHORI LAL

Respondent

MST. CHALTIBAI

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Full Judgment Text

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PETITIONER: SHRI KISHORI LAL

Vs.

RESPONDENT: MST. CHALTIBAI

DATE OF JUDGMENT: 01/12/1958

BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER DAS, S.K.

CITATION: 1959 AIR 504 1959 SCR Supl. (1) 698 CITATOR INFO : F 1983 SC 114 (19) R 1987 SC 962 (4)

ACT: Hindu Law-Adoption, proof of-Evidence not proving adoption- Estoppel-Both parties knowing true facts, if doctrine applicable-Admissions and conduct of Parties, if can Prove adoption.

HEADNOTE: The respondent filed a suit for declaration and possession of certain properties left by her deceased husband L. The appellant contested the suit on the grounds that L had adopted him as his son six months before his death In addition to the oral evidence of adoption the appellant alleged that he performed the obsequies of L as such adopted son, that on the thirteenth day after the death of L he was taken by the respondent in her lap, that he entered into possession of the estate of L, that the 699 respondent performed his marriage and that he was recognised as the adopted son of L even by the respondent. The appellant further pleaded that the respondent was estopped from challenging his adoption by her representations in previous legal proceedings and in documents and on account of the fact that the appellant had by this adoption lost his sh...

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