KEDAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE plaintiff/appellant has come up in appeal, aggrieved by the judgments and decrees of the Courts below concurrently dismissing his suit for declaration of title.

(2.) VIDE order dated 21.9.1981, this appeal was admitted for hearing parties on the following substantial question of law: - "Whether adoption should have been presumed in favour of the appellant under section 16 of the Hindu Adoptions and Maintenance Act -

(3.) THE M.P. Ceiling on Agricultural Holdings Act, 1960 came into force on 15th November 1961. The bill was published on 19th September 1959. The proceedings in respect of the suit holding were commenced sometime in the year 1974 -75. On 20.9.75, that is, during the pendency of the proceedings, a deed of adoption was executed and got registered on 27.9.1975 reciting adoption of the plaintiff/appellant said to have taken place at about 20 years before. The plea of the State is that this deed has been brought into existence only for the purpose of defeating the proceedings under the Ceiling Act.