CHANDAN BILASINI DEAD Vs. AFTABUDDIN KHAN:AMARESH SARKAR

JUDGEMENT

(1.) Since the parties before us have already settled their property dispute, the only question which is left for us to decide is whether the respondent Amaresh Sarkar in Civil Appeal No. 2462/1977 was the duly adopted son of Chandan Bilasini Dasi, the original first-plaintiff.

(2.) Chandan Bilasini Dasi was married to one Kalikrishna Sarkar who died on 11-12-1905 leaving a Will under which, inter alia, he had authorised his widow, the original plaintiff No. 1 to adopt a son and in the event of the adopted son's death to adopt a second son. The adoption had to be made with the consent of the executors. Accordingly the first-plaintiff had adopted one Sudhanshu Mohan Sarkar as per the directions contained in the Will of Kalikrishna. Sudhanshu Mohan Sarkar died in an unmarried state on 7-3-65. Thereafter she adopted the said respondent Amaresh Sarkar on 24-8-65. By this time all the executors were dead. She also executed a registered deed acknowledging the adoption of Amaresh Sarkar which is dated 30-9-65. This deed, however, was not counter-signed by the natural parents of the adopted child. The natural father executed a deed acknowledging adoption which is dated 15-4-67. This deed is also registered. Apart from these documents, evidence was led in order to prove the ceremony of giving and taking in adoption. It is necessary to bear in mind that this second adoption took place after coming into force of the Hindu Adoptions and Maintenance Act, 1956 under which the first-plaintiff Chandan Bilasini Dasi being a widow was entitled to adopt a son even otherwise than under the authority given to her under the will of her deceased husband.

(3.) PWs. 1, 2, and 6 have given oral evidence relating to the adoption ceremony. PW 1, who is the natural father of the adopted son has given evidence to the effect that adoption took place on 24-8-65 and the ceremony of giving and taking in adoption was performed. A priest was also present and Kalasa Pooja Home, were performed. PW 2 is the priest who performed the adoption ceremony and PW 6 is an attesting witness to the deed of adoption which was executed by the adoptive mother on 30-9-65. He was also present at the time of the adoption ceremony.