JOGINDER SINGH Vs. SAVITRI

JUDGEMENT

(1.) I do not find any infirmity in the judgment and decree dated 22.10.2001 vide which the appeal been accepted and the suit filed by the plaintiff -respondent has been decreed.

(2.) IT has been argued by the learned counsel for the appellant that in fact the deed of adoption having been registered, the presumption has to be attributed in respect of its correctness in view of Section 16 of the Hindu Adoptions and Maintenance Act, 1956. It is further argued that the presumption which is drawn in view of the aforesaid provision has to be rebutted by the other side, the other side has not challenged the deed in any manner. Reliance has been placed upon a judgment reported as, 1985(1) Cri. L.J. 91.

(3.) IT has been further argued that no issue in this regard has been framed by the Courts below as such the findings returned in respect of such pleas cannot be relied upon. I am afraid this argument is not available to the defendant -appellant. It is the settled law by the apex Court that the relief cannot be declined in the eventuality of non -framing of an issue.