LAL BEHARI Vs. GYAN CHANDRA

JUDGEMENT

(1.) TARUN Agarwala, J. Heard Sri V. C. Misra, the learned senior Counsel for the defendant-appellant. List of hearing cases has been revised, no one appears for the plaintiff-respondents.

(2.) IT transpires that the plaintiffs filed a suit for the cancellation of the adoption deed dated 13-10-1978 executed and registered in favour of the defendant. The plaintiff alleged that Ram Abhilash had executed a Will dated 24-12-1976 bequeathing the entire property in his favour. On the other hand, the defendant was claiming to be the adopted son on the basis of a registered adoption deed. The plaintiffs contended that the adoption deed was obtained by fraud, inasmuch as, the adoption deed was executed on 13-10-1978 and that Ram Abhilash died, soon thereafter, on 11-11-1978 and consequently suspicious circumstances surrounded the execution of the adoption deed. The plaintiffs alleged that Ram Abhilash was blind since birth and that he was seriously ill for about 5 to 6 months prior to his death. The defendants' father had taken Ram Abhilash to his residence and it was alleged that the adoption deed was executed without there being an actual giving and taking ceremony.

(3.) IN order to appreciate the submission of the learned Counsel for the appellant, it would be appropriate to consider the provisions of Section 16 of the Hindu Adoption and Maintenance Act, 1956 which is quoted hereunder : "16. Presumption as to registered documents relating to adoptions.- Where any document registered under any law for the time being in force is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the Court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved. "